If you were arrested for
possession of child pornography in Fort Walton Beach, you are likely deeply
concerned about your case, how it will affect your job and family, and when you
can resume normal life. There are multiple defense strategies available to
individuals charged with possession of child pornography in the state of
Florida. Which strategies are best for your case will depend on the unique
facts and circumstances surrounding your arrest.
Attacking
the Government’s Case
One of the best ways to defend
yourself can sometimes involve not presenting any sort of affirmative defense
but rather, undermining the government’s evidence and testimony in order to
show that the government has not met its burden of proof.
In Fort Walton Beach, in every
criminal case including possession of child pornography, the prosecutor must
prove to the jury that you possessed child pornography beyond a reasonable
doubt. This means that if the jury has a doubt, based on reason, that you did
not meet all of the elements of possession of child pornography, the jury must
acquit you.
To prove possession, the
prosecutor can show actual or constructive possession. Actual possession occurs
when the child pornography is found directly on you, such as in your pocket or
hand. Since this rarely happens, the vast majority of cases are prosecuted
under the theory of constructive possession. Constructive possession occurs
when the child pornography is in your custody and control and you have an
intent and ability to exercise control over the child pornography.
So let’s say the Fort Walton
Beach police department searches your home for evidence of child pornography.
You live with four roommates. Photos of nude children are found in a box in the
living room, a common area. Because the photos were not found on you, actual
possession cannot be proven. The prosecutor will need to use the constructive
possession angle. The prosecutor will try to show constructive possession by
combining circumstantial evidence. This could include:
·
Your
fingerprints on the box
·
Your
proximity to the box during the raid
·
Any
identifying features on the box, such as engraved initials
·
Statements
you or your roommates make
·
The
fact that the box is in an open and obvious location in the home
Constructive possession cases are
often shaky, and your defense attorney can argue that the prosecutor failed to
meet its burden by not offering enough evidence or by offering evidence that
doesn’t necessarily tie you to the box. Your attorney could also seek to
undermine prosecution witnesses by pointing out flaws in their testimony or
investigation process.
Affirmative
Defenses
In addition, after the
prosecution rests, you can put on your own case. At this time, you can raise
your own defenses. Remember, it is not a valid defense if you: never knew the
child’s exact age, believed the child in the photo was older, or had the consent
of the child. Affirmative defenses include:
·
Insanity
– Individuals who are insane cannot form the requisite intent.
·
Alibi
– You did not have access to the home at the time the photographs were
obtained.
·
Mistaken
identity – The Fort Walton Beach police got the wrong person. Your roommate was
the individual who obtained the child pornography, not you.
·
Accident
– You did not obtain the photos for lewd or immoral reasons but instead
accidentally found them and intended to turn them in to authorities.
·
Age
of Complainant – The individuals in the photos are of legal age.
·
Your
Age – You are a minor. You are subject to a special law (currently undergoing
revision) for possession of a consensually sent photograph of a nude minor.
Defend
Child Pornography Charges with the Experience and Skill of a Fort Walton Beach
Criminal Defense Attorney
A child pornography conviction
can absolutely ruin your future, career, family, and chance at freedom. Let
Stephen G. Cobb, a Board Certified Specialist in Florida Criminal Law, review
your case and advise you on how to proceed. Call our Fort Walton Beach criminal
defense law firm now at (850) 651-6565 today to schedule a free initial consultation.
For more information, please visit http://www.cobblawfirm.com/fort-walton-beach-criminal-defense-lawyer/
No comments:
Post a Comment