Glen Burnie Child Pornography Attorneys

Lawyers Defending Clients Against CSAM Allegations in Glen Burnie, MD

While there are multiple types of sex crimes that can result in serious consequences for those who are arrested or convicted, offenses involving children carry some of the most severe penalties. In cases involving charges related to child sexual abuse materials (CSAM), which are usually referred to as child pornography, a person may be looking at the possibility of a lengthy prison sentence and long-term sex offender registration. Understanding how to defend against these charges is not always easy, but a skilled criminal defense lawyer can provide guidance on the best steps a person can take to protect their rights.

The team at Silverman Thompson provides representation for people in Glen Burnie who have been accused of child pornography offenses. We can defend against CSAM-related offenses in both state and federal courts. With our experience handling serious sex crimes and other offenses, we can help ensure that our clients will be able to defend against these charges successfully.

Possession of Child PornographySex Crimes Lawyer Defending Clients Against CSAM Allegations in Glen Burnie, MD

The knowing possession of CSAM is a serious criminal offense. A person may be charged with child pornography possession based on searches of their electronic devices, including computers, phones, or tablets, as well as online accounts and activity on websites, cloud storage services, or file-sharing programs.

A first-time conviction for child pornography possession in Maryland can lead to a sentence of up to five years in prison and fines as high as $2,500. For any subsequent offenses, a person may be sentenced to up to 10 years in prison and fined up to $10,000. Because each image, video, digital file, or other piece of CSAM may be charged as a separate count of child pornography possession, the potential sentence that a person may face can add up to years or decades in prison. A conviction will also result in a person being classified as a registered sex offender, which will place limitations on where they can live, work, and travel.

Child Pornography Distribution and Production Charges

CSAM charges can escalate significantly if a person is accused of not just possessing child pornography, but distributing it to others or being involved in the production of CSAM. In these cases, a person may face felony charges that carry the possibility of 10 years in prison and fines up to $25,000 for a first offense. Any additional offenses may result in sentences as high as 20 years in prison and fines as high as $50,000.

Charges involving the distribution of child pornography may involve allegations that a person sent CSAM through email, social media, or other online apps, uploaded material to websites, or used file-sharing software to make content available to other users. Child pornography production charges may involve claims that a person recorded or photographed a minor who was involved in sexual conduct, caused a minor to create and share sexually explicit images or videos online, or created sexually explicit images or videos depicting a real, identifiable minor using computer software or artificial intelligence.

Addressing Accusations of Knowing and Intentional Possession of CSAM

The most critical element in a CSAM possession case is whether a person knowingly possessed the material in question. This is not simply a matter of whether files were found on a person's device. A prosecutor must prove that a person was aware of those files and intentionally downloaded, accessed, or retained them. Our attorneys can challenge these claims and take steps to show that our client did not intentionally possess CSAM.

When a household computer, tablet, or other device was used by multiple people, including family members, roommates, or visitors, we may argue that the registered owner or primary user was unaware that child pornography had been accessed or downloaded. We may be able to show that CSAM was downloaded or distributed by malware or by a person who gained remote access to a device without authorization. We may also take steps to show that file-sharing software stored files on a computer without a person's knowledge and that they were unaware of the presence of CSAM.

Technical Issues Related to Digital Evidence in CSAM Cases

Digital evidence is a factor in virtually every child pornography case. Our legal team works with computer experts and digital forensics professionals to review the devices, files, and other evidence involved in these cases. We can address issues such as:

Metadata and Access Records

Every digital file includes metadata, which provides information about when a file was created, when it was accessed, how it was downloaded, and what accounts were used to do so. By reviewing this information, we can determine whether a file was intentionally downloaded or was stored automatically and whether it was opened and viewed. We can highlight metadata that contradicts the prosecution's claims while showing that a person did not intentionally download or store CSAM.

Browser Caching and Automatic Downloads

Web browsers will automatically store temporary files from websites a person visits. In some cases, a person may have visited a website without the intent of viewing illegal content, and files may have been automatically stored on their device without their knowledge. Our lawyers can review data related to online activity and show that a person did not intentionally access and retain CSAM.

Chain of Custody

When law enforcement officials collect and analyze digital evidence, they are required to follow specific procedures. If the chain of custody of evidence is not properly documented, this may raise questions about whether evidence was altered at some point. Our attorneys can raise questions about how evidence was handled or whether investigators were qualified to review and analyze digital evidence.

Constitutional Challenges

Law enforcement officials will usually need to obtain search warrants before they can search a person's home or seize their devices. Our lawyers may challenge search warrants and show that there was no probable cause to believe that a person had committed an offense. We can also review the procedures followed during searches and seizures to determine whether investigators exceeded the scope of the searches that were allowed under a warrant. By taking steps to suppress evidence that was obtained illegally, we may be able to secure a dismissal of the charges against our client.

Contact Our Glen Burnie, MD Child Pornography Defense Lawyers

Those who are facing CSAM will need to make sure they have experienced legal representation as they take steps to defend against a conviction. At Silverman Thompson, our lawyers have helped numerous clients defend against these types of charges, and we understand the best defense strategies to use to protect our clients' rights. Schedule a free consultation today by contacting our Glen Burnie CSAM attorneys at 410-385-2225.