CHILD PORNOGRAPHY ATTORNEY
DUPAGE, COOK, AND KANE COUNTY CHILD PORNOGRAPHY DEFENSE ATTORNEY
If you have been accused of anything related to child pornography, you need to act fast to make sure you avoid the damaging effects a conviction can have upon your career, reputation, and life. These crimes are heavily scrutinized and defendants are strongly vilified. These cases are also unique as they involve technology and Internet issues. Even if everyone else turns their back on you, you can count on our legal team at Martin & Kent, L.L.C., to stand in your corner. Our attorneys can provide you with the knowledge and experience you are looking for!
Types of Child Pornography Charges
Charges involving allegations of child pornography can include any of the following:
- Buying/selling child pornography
- Chat room solicitations of a minor
- Child pornography distribution
- Child pornography possession
- Creating child pornography
- Downloading/sending child pornography
- Sexting (sexually explicit messages sent to a minor)
While some child pornography charges may have harsher penalties than others, any charge related to child pornography can have lasting consequences. You should never plead guilty to any charges without first discussing your options with an experienced sex crimes defense attorney.
Potential Penalties in Child Pornography Cases
Depending on the circumstances, prosecutors can issue different charges against defendants suspected of child pornography. The charges issued will depend on the specific allegations (e.g., possessing a photo or creating a video), the age of the victim, and whether or not you have any prior child pornography convictions. Illinois law allows for any of the following charges and penalties in different circumstances:
- Class 3 felony – Two to ten years in prison
- Class 2 felony – Three to 14 years in prison
- Class 1 felony – Four to 30 years in prison
- Class X felony – Six to 60 years in prison
All convictions also have a mandatory minimum fine of $1,000 with fines possible up to $100,000. Charges and penalties will be more serious for aggravated child pornography, which involves a child younger than 13.
In addition to a prison sentence and costly fines, individuals convicted of child pornography will have to register as sex offenders in Illinois. When you register as a sex offender, your personal information, your convictions, and more will be publicly available on the sex offender database. This database is searchable by name, address, or neighborhood, so many people may easily learn of a child pornography conviction. This can destroy a person’s reputation, due to the intense stigma associated with child pornography and related sex offenses.
A sex crime conviction can also affect your family and professional life. First, if you share custody of a child, the child’s other parent may use your conviction to obtain full custody. You may not even get to visit with your child without supervision in some situations. You also will be ineligible to work at schools, daycares, or near children.
Aside from the specific charge, any felony conviction on your record can affect your life in many ways. Employers may not hire you and landlords may not rent to you once they learn you have a felony conviction. You may also have difficulty getting accepted into certain educational programs or obtaining a professional license, such as for law, medicine, accounting, nursing, or teaching. If you already had a professional license, that license will likely be in jeopardy.
All in all, a conviction for child pornography can have a lasting adverse impact on your life, and it is critical to avoid a conviction whenever you can.
Why Work With Our Legal Team
When you turn to us, you can be confident that we will conduct a thorough investigation and do everything possible to craft the most compelling defense possible. When a police officer arrests someone for child pornography, he/she can be in the wrong. Most police officers are not computer experts who are able to decipher how child pornography got onto the computer. Often times there may be inconsistencies, an illegal search/seizure or issues with evidence present in your case and we will use these holes in the prosecution’s case as leverage on your behalf.
In some cases, we can suppress evidence of child pornography due to Fourth Amendment violations or can argue that the files were on a shared computer and you had no knowledge of them. In addition, some people may inadvertently download files by mistaking them for other types of legal material or may end up with files on their computer due to a virus or bad link. Evidence of such can prove you never intended to possess child pornography.
If we cannot obtain a charge dismissal, we will fight for a charge reduction and will strive to get your penalties changed from jail time to treatment/counseling if possible. We will work hard to develop the right legal strategy that will keep you off of the sex offender registration list.
If you are being investigated for any crime related to child pornography, it is imperative that you contact our legal team at Martin & Kent, L.L.C., immediately and retain the qualified legal representation you deserve.
Call (630) 474-8000 for a free consultation today to put our combined 42 years of criminal law experience to work for you!