Categories: Uncategorized

What Unfolds during a Child Pornography Investigation?

San Antonio Child Pornography Attorney

Interviewer: What are scenarios under which people are charged with child pornography offenses?

If the FBI Confiscates Your Computer in a Child Pornography Case, You Can Be Facing 6 or More Years in Prison

Attorney Churak: It’s going to depend on where the investigation is going. If the FBI shows up and takes your computer, you are going to be prosecuted. The bottom line is if you’re in the federal system, you’re looking minimum 6 years on up for possession of child pornography.

If Necessary, the Federal Agents Will Take Years to Put a Case Together

The number of years depends on how many pictures you have and how much content you have in your computer system. Federal agents are monitoring sites known for child pornography trafficking. They’re monitoring credit card transactions and they put two and two together. It may take 2 years of investigation before they have a case but then they show up at your door with a search warrant and they confiscate your computer.

State-Level Investigations Are Structured Differently and the Offenses Do Not Carry Mandatory Jail Time

The state level investigations are little different. State-level offenses do not carry mandatory jail time on these things and the attorney has more leeway in negotiating with the DA.

With these cases, the prosecution has to prove that you actually the one who accessed this particular site. Just because it’s on your computer doesn’t mean you accessed this site. There are experts out there that can do a complete history of your computer system and thumbnails to determine whether or not you actually accessed the site or if it was just something on your hard drive.

Gary Churak

Recent Posts

Building a Strong Defense Against Circumstantial Evidence

In criminal law, the distinction between direct evidence and circumstantial evidence is critical in determining…

7 days ago

5 Common Mistakes When Getting Arrested for a DUI

Facing a DUI (Driving Under the Influence) arrest can be a stressful and confusing experience,…

1 week ago

Basic Guidelines for Jury Selection in Civil and Criminal Cases

Jury selection is a critical phase in both criminal and civil cases that requires a…

1 week ago

DUID or DUI: Five Key Differences You Should Know About

Driving under the influence (DUI) is often associated solely with alcohol consumption. However, drug-impaired driving…

1 week ago

5 Things You Should Never Do When Facing Criminal Charges

Facing criminal charges can be one of the most difficult and stressful experiences in life.…

2 months ago

What is Considered a Drug Offense Under Modern Federal Laws?

Understanding what constitutes a drug offense under current federal laws can be challenging. The distinctions…

2 months ago