Defenses To Arrest For Possession of Child Pornography In Fort Walton Beach

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/