Cleveland Child Pornography Lawyer

Cleveland Child Pornography Attorney

An accusation of a child pornography offense can have a significant impact on your life, both personally and professionally. If you’re facing these serious allegations, it’s imperative to hire a Cleveland child pornography lawyer right away to ensure the most positive outcome possible in your case. An experienced criminal defense attorney at Fortress Law Group, LLC understands the gravity of these charges and can protect your freedom and your rights in the legal process.

Child Pornography Laws

It is illegal in Ohio to create, buy, sell, possess, share, reproduce, publish, transport, or receive child pornography, which is defined as any obscene or sexually oriented material involving a minor. Not being aware of the juvenile’s age is not a defense against the charges, and materials can be hard copy or electronic. Child pornography offenses are felony or federal crimes, and penalties are often harsh.

Penalties

Depending on the facts of the case, first-time convictions for possession of child pornography can range from a fifth-degree felony to a second-degree felony, and the prison sentences can be substantial. It’s common for additional charges to be filed as well for crimes like child endangerment or abuse.

If law enforcement officials have evidence that shows the materials were available for sale or crossed state lines, federal charges may also apply. Federal laws carry more severe prison sentences. Sentences may be extended up to life in prison in some circumstances, such as if there are multiple images or if the offender has previous child pornography convictions.

Sex Offender Registry

In addition to jail time, Ohio considers child pornography convictions to be sexual offenses and requires registration as a sex offender with their local sheriff’s office. Ohio has three tiers of registered sex offenders. The person’s tier depends on many factors, such as the circumstances of the conviction and their previous criminal record. The tier determines how long they have to meet registry requirements, which can range from several years to the rest of their life.

Other Consequences

A child pornography conviction stays on your criminal record permanently and can impact your employment, professional licensing, ability to find housing, right to vote or own a gun, and many other rights. Registered sex offenders may face even steeper challenges in these areas, and there is often damage to a person’s personal and even professional reputation, even just from an arrest.

How a Criminal Defense Lawyer Can Help

If you’ve been charged with child pornography, a skilled Cleveland child pornography lawyer can evaluate the facts of your case and help you understand how the law applies in your situation. In some cases, a Cleveland criminal defense attorney may be able to negotiate charges being reduced or even dismissed. If your case does go to trial in Cleveland, Ohio, experienced legal representation can be key to an aggressive legal defense strategy.

Possible Defenses

Defense strategies largely depend on the circumstances of each case, but there are some common defenses that can be successful against child pornography charges. Some examples include:

• The possession was unintentional – If your device was infected with a virus or you received junk email with the images, you may not even be aware you have them.
• Someone else used your Wi-Fi – Unsecured wireless connections can mean bad actors might make it look like you participated in illegal activity.
• The subjects were legal adults – Child pornography laws don’t apply to subjects who were adults at the time the images were created.
• Improper procedure – For example, if your constitutional rights were violated during the arrest process or a confession was coerced, some evidence might be excluded.

It’s important to note that there must be evidence to support a solid legal defense strategy. Simply claiming ignorance usually isn’t enough to beat charges.

FAQs

Q: Can You Tell Your Lawyer Illegal Information?

A: Yes, you can tell your lawyer about illegal actions because anything you tell them is confidential, even if it involves illicit activity. This means your lawyer can’t legally tell anyone anything you’ve said without your permission. Being open and honest with your lawyer helps them provide the most effective defense possible.

Q: What Should You Not Tell a Lawyer?

A: You shouldn’t tell a lawyer anything that’s not true, or that’s a guess, exaggeration, or speculation. Also, don’t tell your lawyer things that aren’t relevant to the case, especially anything you are uncomfortable about being brought up in court. Remember that your lawyer’s job is to help you get a positive outcome, not judge you for your actions, and they need all the facts to create a strong defense strategy.

Q: Does Your Lawyer Have to Report a Crime?

A: Your lawyer does not have to report any previous criminal activity because they are protected under client-attorney confidentiality. However, a lawyer may have to report a crime that is ongoing or being planned, but the rules surrounding this depend on the context in which the client reports the act. Your lawyer can be your greatest legal advocate, so it’s important that you are completely transparent about all the facts about your case.

Q: How Long Do Attorneys Have to Keep Client Files in Ohio?

A: Most closed client files are not required to be kept for a specified period. Instead, the Ohio Board of Professional Conduct, an agency that regulates the ethical standards of legal professionals, encourages lawyers to have a policy that indicates how long they maintain, return, store, and destroy client files, based on multiple factors like the type of law and statute of limitations.

Your Cleveland Child Pornography Lawyer

For more than 15 years, Fortress Law Group, LLC has represented clients charged with a range of violations, including child pornography. Our responsive and experienced legal team works with each client to create a personal criminal defense strategy to protect their rights and interests. If you’re facing child pornography allegations, contact our office today to discuss your legal options.

Our legal team can help you explore all of your legal options. The sooner you get our team involved, the sooner we can get your case resolved.