Possession of Child Pornography Defense Attorney in New Jersey
New Brunswick lawyer defends clients in cases involving alleged explicit materials
Child pornography is a particularly serious crime that can result in long prison terms, large fines and lifelong registration as a sexual offender, along with lasting damage to your reputation. That is why, as soon as you are accused of this type of misconduct, you should contact a New Jersey possession of child pornography defense attorney who has experience successfully handling these often-volatile cases. At the Law Offices of Eric B. Morrell in New Brunswick, you can count on me to safeguard your fundamental rights and pursue justice through the legal process.
Child pornography possession charges in New Brunswick, NJ
Under New Jersey law, possession of child pornography means knowingly receiving, storing, having control of or viewing any photograph, film, videotape, computer program or file, video game or other reproduction or reconstruction depicting a child engaging in or simulating a sex act. Possession differs from manufacture and distribution of child pornography, which involve such activities as producing, marketing, circulating or transporting the images.
How digital evidence is used in New Jersey possession cases
In a possession of child pornography case, police might seize any device or medium in which you keep the prohibited images, including computers, cloud storage files and shared networks. Law enforcement can then use downloads, cached files and other evidence of your access to the images in an attempt to prove your knowledge and control of the content. This might be buttressed by testimony of a digital forensics expert.
Challenging search warrants and police investigations
Long before you go to trial, as a normal part of my work as a New Brunswick criminal defense lawyer, I will review search warrants for your home, vehicles and electronic devices used to find the evidence against you. My review may reveal constitutional issues such as lack of probable cause, overly broad authorization and improper seizure that could result in the exclusion of any evidence which was found as a result of the search.
Defenses to possession allegations in New Jersey
If your case does go to trial, some potential defenses could include:
- Lack of knowledge that you possessed child pornography
- Lack of intent to possess child pornography
- Lack of exclusive access to the device used to acquire or view the child pornography
For instance, there might be evidence that you were the victim of hacking, that someone else had access to the device or that your download of the material was accidental. If useful to your sex crime defense, I will retain a digital forensic expert to testify for the defense.
Penalties and long-term consequences of a conviction
The penalties for a first offense depend on the number of images you possess, ranging from three to five years in prison and a fine of up to $15,000 for fewer than 1,000 to 10 to 20 years and as much as $200,000 for 10,000 or more. A second or subsequent offense may result in an enhanced sentence. Under Megan’s Law, you are also required to be registered as a sex offender for life and, if you are convicted of possessing at least 1,000 images of child pornography, will be subject to parole supervision for life.
Contact a New Jersey possession of child pornography defense attorney
The Law Offices of Eric B. Morrell in New Brunswick tenaciously represents clients accused of child pornography possession throughout Middlesex, Somerset and Union counties. Please call 908-768-3837 or contact me online for your complimentary consultation.
