Few crimes bring a swift public response as does those which involve child pornography. A conviction can result in social stigma, a permanent record, not being able to gain employment, an inability to secure housing, lifetime public sex offender registration, and incarceration. Charges can result from either producing or simply possessing illegal materials. Both state and federal prosecutors aggressively pursue such cases and judges often show little leniency for those who are convicted. Those who face charges must immediately contact an experienced lawyer. Our Austin criminal defense attorney handles child pornography cases in both State and Federal Court. We will give your case the attention it deserves. Contact us today to schedule an initial consultation.
Austin lawyer defending cases involving the possession of child pornography
Possessing child pornography can violate both state and federal law. In Texas it is a third degree felony to possess child pornography and it is a second degree felony to possess such materials with the intention of distributing it to others. The penalties for the former can range from two to ten years in prison while the latter can result in two to twenty years in prison. One who is convicted will also be required to register with the state and potentially faces future charges for failing to register as a sex offender. If the defendant is charged in Federal Court then they will be prosecuted by the U.S. Attorney and will potentially be subjected to the federal sentencing guidelines. In order to secure a conviction the prosecution must prove that the defendant knew what the material was, that they intended to possess it, and that the depictions showed an actual person who was, in fact, under the age of eighteen.
A defendant will enter a plea of “guilty” or “not guilty” after the Grand Jury has returned an Indictment. A trial date will be set and the defense will receive all evidence which the prosecution is required to provide under Brady v. Maryland. Possession cases often hinge on whether or not law enforcement seized evidence of illegal activity by violating the defendant’s Fourth or Fifth Amendment rights. In cases involving child pornography these violations of rights may include searching one’s computer without a warrant, illegally searching a smartphone, or searching one’s residence without legal authority to do so. If it can be shown that the evidence was seized illegally then it may be possible to have the charges dismissed. If a dismissal is not possible, and a resolution cannot be reached, then the case will conclude at a trial. In cases where alleged child pornorgraphy is found on a computer or other electronic device, such as a cell phone or tablet, a forensic examination of the computer or device may be necessary. Dan maintains excellent relationships with professionals who can assist in preparing a defense to these serious charges. A jury will decide the issue of guilt or innocence and a Judge will issue a defendant’s sentence. Defendant’s in such cases are facing a serious situation and it is important to hire an experienced attorney.
Dan Dworin is an Austin lawyer handling cases which involve child pornography. Dan has been licensed since 1995 and is certified by the Texas Board of Legal Specialization as a specialist in criminal law. Once retained he will immediately obtain all available evidence in your case and file any necessary motions with the Court. These motions include requests to exclude evidence seized from a cell phone without a warrant, other electronic files which were taken in violation of the Fourth Amendment, as well as anything that was within a defendant’s home. If the case cannot be dismissed through motion practice then Dan will not hesitate to take the matter to trial. He will challenge the assertion that you knowingly and intentionally possessed such materials and, if necessary, our office will retain experts to argue that the materials themselves were not illegal, or that someone may have placed the materials on your computer or device without your knowledge or consent. We believe that everyone is entitled to a strong defense and Dan devotes his practice to protecting the rights of the accused. Contact us today.
Criminal defense attorney for Austin residents charged with the production of child pornography
It is likewise a crime for Texas residents to produce pornography which involves children. The penalties for such offenses can range from a Class “A” misdemeanor to a first degree felony. Issues in such cases also hinge on search and seizure issues as well as whether the prosecution can prove knowledge and intent on the part of the defendant. Dan assists Austin residents facing such charges and strives to provide a high level of service to each of his clients.
Dan is a criminal defense attorney who also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.