Annapolis, Maryland CSAM Defense Lawyers

Attorneys for Clients Facing Child Pornography Charges in Annapolis

Criminal charges involving child sexual abuse material (CSAM) can result in severe penalties. A person who is accused of an offense related to child pornography may face decades of imprisonment if they are convicted. They will also be required to register as a sex offender, and the ongoing consequences of a conviction are likely to have an impact on nearly every part of their life.

Law enforcement agencies often perform detailed investigations into people who are suspected of possessing child pornography, distributing CSAM online or otherwise, or creating CSAM by photographing or recording minors in sexual situations. These cases may sometimes involve federal investigations. When CSAM offenses are charged as federal crimes, the penalties may be more serious, and they may include mandatory minimum sentences in federal prison.

When you have learned that you are part of a child pornography investigation, or if you have been arrested for a CSAM-related charge, you will need to determine the best steps to take to defend against a conviction. The lawyers at Silverman Thompson can provide you with experienced legal representation to help you protect your rights. We know how these cases are investigated and prosecuted, and we understand the defense strategies that are most likely to be effective.

How CSAM Is Defined

Understanding what the law classifies as CSAM is essential when you may face charges related to child pornography. In general, any visual representation that shows a minor in a sexual manner may be considered CSAM. These visual representations may include photographs, videos, films, digital images, and pictures generated using computer software or artificial intelligence. They may include depictions of children engaging in sexual intercourse or other forms of sexual conduct, including nudity for the purpose of sexual gratification.

The laws regarding CSAM apply to material in any format, including physical photos, videotapes, or films, and digital files like images and videos. CSAM generally includes images of actual minors, including photos or videos taken of a child. Files that have been generated using a computer or manipulated to make it appear as if a child is engaging in sexual conduct may also qualify, as long as the child depicted is real and identifiable.

Steps to Take if You Are Under Investigation or Have Been Arrested for CSAM Charges

The decisions made in the earliest stages of a CSAM investigation can be crucial. Taking the right steps to protect your rights can help ensure that you will be able to defend against child pornography charges.

Contact a Defense Attorney Before Speaking to Investigators

The most important step you can take is to consult with a lawyer before making any statements to law enforcement. Investigators will take steps to gather incriminating information during interviews. Any statements you make in these situations are likely to be used against you during a criminal case. While you may think you are simply answering questions or providing reasonable explanations, anything you say is likely to become evidence that may be presented during a trial.

Your right to remain silent under the Fifth Amendment can provide you with essential protections during investigations and interviews. Refusing to answer any questions or give any information until you have spoken with an attorney can help ensure that you do not provide incriminating information. Reach out to Silverman Thompson right away when you learn that you are being investigated, and we will make sure your rights are protected.

Do Not Consent to Searches

Police officers will take steps to uncover evidence that could play a role in a CSAM case. However, if they request to search your home or any other property you own, including phones, computers, tablets, or other devices, you do not have to consent. Rather than voluntarily giving law enforcement access to information that could be used as evidence against you during a CSAM case, you can refuse to allow a search. This will require officers to obtain a search warrant to obtain certain evidence or information. If officers conduct a search without your consent and without a warrant, our lawyers can take steps to ensure that the evidence they obtain will be suppressed during a criminal trial.

Preserve Evidence and Document Relevant Information

Our attorneys can advise you on what information may be relevant during your defense. This may include records of who had access to your devices, software installed on those devices, and any other relevant details. Do not attempt to delete or destroy any information that you think could be incriminating, since this could result in penalties. We will help you take steps to identify and preserve evidence that may be used to defend against CSAM charges.

Defense Strategies in CSAM Cases

Our lawyers can conduct a thorough review and analysis of your case to determine the best ways to challenge the accusations against you and defend against a conviction. Some of the strategies we may use include:

Challenging Unconstitutional Searches and Seizures

The Fourth Amendment is one of the most powerful tools available in a criminal case. Law enforcement officers may obtain search warrants allowing them to seize your devices or perform other types of searches. Those warrants must be supported by probable cause, and they must be specific about what may be seized. If there was no probable cause providing a basis for a warrant, if officers went outside the scope of a search warrant, or if they seized evidence without a warrant, our attorneys can take steps to prevent the evidence from being used during your case.

When digital evidence or other types of evidence involved in a CSAM case is suppressed due to a violation of your constitutional rights, a prosecutor may have no way to prove that an offense occurred. We will look at all aspects of an investigation to determine how evidence was obtained and identify constitutional violations that may be highlighted during your defense.

Lack of Knowledge and Awareness

The government must prove that you knowingly possessed, received, or distributed CSAM. If illegal material was found on a device but you had no knowledge or awareness of those materials, this may serve as a defense against the claim that you knowingly possessed CSAM.

Our lawyers can take steps to determine whether malware led to unauthorized downloads, whether file sharing software downloaded and shared content without your knowledge, or whether there were other reasons files were stored on a device without your knowledge. Shared devices may have been used by other people, such as family members or guests in your home. Web browsers may have stored images that you never intentionally accessed or downloaded.

We can work with digital forensics experts to examine the evidence in your case. This analysis can reveal information about how files ended up on a device and who accessed them. We will work to demonstrate that you had no knowledge of CSAM that you allegedly possessed.

Challenging Whether Materials Qualify as CSAM

Not every image or video that law enforcement claims to be child pornography will meet the legal definition of CSAM. In cases where there is uncertainty about the age of the person depicted in an image or video, a prosecutor will have the burden of proof to show that the materials were illegal. Our attorneys can examine the evidence to determine whether it may be challenged, and we can take steps to show that accusations are based on insufficient evidence.

Contact Our Annapolis, MD CSAM Defense Attorneys

At Silverman Thompson, we know how serious charges related to CSAM can be. We can provide immediate legal help during an investigation or after an arrest, and we will work to protect your rights and help you defend against these charges. Contact our Annapolis child pornography defense lawyers at 410-385-2225 to set up a free consultation.