Carmel Possession of Child Pornography Attorney
Few criminal charges travel as quickly or feel as intimidating as a child exploitation investigation. You’re probably seeking a Carmel possession of child pornography lawyer and require legal help for accusations related to child pornography. Accusations of this nature come with serious criminal consequences if convicted, mandatory sex offender registration, and lifelong professional and social ramifications.
Prosecutors in Hamilton County take these allegations seriously, and police frequently conduct lengthy investigations before making an arrest. These investigations are technological, which means digital forensic evidence will play a large role in your case.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana-based law firm serving clients throughout Carmel and across all of Hamilton County. Most felony trials will take place at the Hamilton County Judicial Center at 1 Hamilton County Square, Noblesville, IN 46060.
At The Criminal Defense Team, large cases get the attention they deserve. That means every serious felony matter is staffed by at least two attorneys and one paralegal. Our legal team reviews all digital forensic evidence, forensic laboratory reports, and police investigative procedures.
Our attorneys include former prosecutors with experience in major felony cases and homicide investigations. We know how the State approaches large and complex trials. The Criminal Defense Team has five lawyers who are Board-Certified* Criminal Trial Specialists, which account for five of the six in all of Indiana.
What Is CSAM?
Although you may hear the phrase child pornography, referring to illicit pictures of minors, prosecutors, judges, and victim advocacy groups have largely moved to the term CSAM. CSAM stands for child sexual abuse material, which more accurately conveys that a crime was committed against a child. Possession of child pornography charges are actually charges of possession of CSAM.
Indiana Criminal Statute 35-42-4-4 prohibits possession of child pornography. The law makes it a crime for a person to knowingly or intentionally possess, make, or view material that depicts a minor engaging in sexual conduct.
A prosecutor must prove you possessed the CSAM knowingly or intentionally. Understanding the legal definition of “knowingly” is a key concern for many of the individuals we represent. Downloads from file-sharing sites, communal computers used by several people, pornography that appears on your computer by means of a virus, and unintended cache files are just a few of the circumstances that are always thoroughly investigated.
Possession of Child Pornography Cases
Investigations typically start with a digital trail. Statewide intelligence units and Federal Task Forces will monitor file-sharing sites and peer-to-peer networks. Networks are scanned to identify computers sharing illegal files.
Once they find an IP address worth investigating, they will usually apply for a search warrant to seize computers from a person’s home or place of employment. Search warrants allow the police to seize computers and search them at the station. Typically, this includes:
- Computers
- Laptops
- Tablets
- Phones
- Cell phones
- External hard drives
- Flash drives
- Network routers
Technology is always evolving, and these investigations are no different. Devices can connect to networks without our knowledge. Images can be downloaded without our knowledge. The real legal work starts after the police have seized computers, smartphones, and other digital gadgets from a location.
Possession of Child Pornography Penalties
During fiscal year 2024, 1,375 of the 61,678 federal criminal cases reported in the US involved child pornography charges. This category has expanded by roughly 34.4% since fiscal year 2020, suggesting enforcement activity continues to rise. Possession of child pornography is usually charged as a felony in Indiana. The law criminalizes possession of child pornography as a Level 6 felony.
The level and penalty can be enhanced if there are multiple counts of possession or if the child in the picture or video is under 13 years of age. Prosecutors can seek prison time, fines, and mandatory sex offender registration. Registration can last for years or even a lifetime. Individuals required to register must follow strict rules. These restrictions include where you can live, work, and even how you can access the internet.
Possession of child pornography charges can also result in federal charges. The digital nature of these transmissions often crosses state or even international borders, potentially triggering federal charges. Federal charges carry heavier penalties than those in Indiana. Contact a CSAM attorney who knows how to defend these types of cases as soon as possible.
The Impact of These Charges
Your life doesn’t stop because you have been accused of a crime. Your family, friends, and coworkers may treat you differently if they find out about the investigation. Given the seriousness of these accusations and the vulnerability of the victims, they can cause irreparable damage to a person’s reputation, whether or not the person is convicted.
Regardless of whether you’re innocent or guilty, you may face pre-trial restrictions on internet use, computer usage, and contact with minors. Remember, the prosecutor has the burden to prove you are guilty beyond a reasonable doubt. There are strict rules of evidence that must be followed. Even if the police find illicit content on your computer, that doesn’t automatically mean the jury will hear about it.
Hire a Possession of Child Pornography Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist. If you are under investigation or have been charged, you should consider hiring a Carmel possession of child pornography attorney right away.
From the moment you are contacted by law enforcement, we can help make sure that your constitutional rights are protected during device searches, police interviews, and before charges are filed. When you hire a possession of child pornography lawyer who understands how to investigate and analyze complicated digital evidence, you benefit from a well-organized and strategic defense.
Contact The Criminal Defense Team Today
At The Criminal Defense Team, felony cases that we take to trial are reviewed by at least two members of our legal team and a paralegal. This means that every aspect of the forensic report, the search warrant affidavit, and the method of data analysis is thoroughly investigated.
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five work with this firm. Given the gravity of felony cases and the significant digital evidence involved, early trial preparation is crucial.
Being charged with or even investigated for alleged possession of CSAM is one of the most serious and technically advanced crimes handled by prosecutors in Indiana. The Criminal Defense Team can help you in the legal process. Contact us today for more information.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.