Towson Child Pornography Lawyers

Lawyer Defending Clients Against CSAM Allegations in Towson, MD

If you are facing accusations related to child pornography, you will need to determine how to respond, protect your rights, and avoid a conviction for a sex crime. Whether law enforcement officers have appeared at your door with a search warrant, taken action to seize your devices, or have arrested you and formally charged you with a child pornography offense, the situation will require immediate legal attention.

Offenses involving child sexual abuse materials (CSAM) carry multiple types of severe penalties, but with help from a skilled attorney, you can determine the best steps to take during your defense. At Silverman Thompson, we can provide the legal representation you need, helping you develop a strong, effective defense from the very beginning of your case.

Understanding Child Pornography Charges in Maryland

Under the laws in the state of Maryland, a person can face criminal charges related to CSAM if they are accused of producing, distributing, receiving, or possessing child pornography. Any visual depictions of minors who are involved in sexually explicit conduct could lead to criminal charges.

Federal child pornography charges may apply in situations where an offense allegedly involved "interstate or foreign commerce." That is, if CSAM was allegedly transported across state lines or brought into the United States from another country, or if people in multiple states were affected by an offense, a person could be charged with a federal crime.

CSAM charges may also be prosecuted in federal courts when federal agencies are involved in investigations, including when they work with local law enforcement officials in task forces that are meant to combat the spread of child pornography. Offenses involving the use of the internet may also lead to federal charges, since files that are downloaded or accessed online may be transmitted through networks and computer systems in multiple states or countries.

Why Legal Representation Is Important From the Start of a CSAM Case

When a person learns that they are under investigation for child pornography, but they have not yet been arrested or charged with a crime, they may not contact a lawyer right away. This can be a costly error. The decisions made and the statements given during the early stages of an investigation can have an impact on how the case unfolds. Contacting our attorneys after learning about a CSAM investigation can ensure that a person will be able to respond to an investigation correctly. We can:

Protect a Person's Rights During a Search

When officers contact a person during an investigation or perform searches that are based on search warrants, they may attempt to speak with the person, ask questions, and gather statements. People are not required to answer any questions asked by officers beyond providing basic identifying information, and they are not required to assist investigators in searches.

Our attorneys can advise clients on exactly what they should and should not do when law enforcement officers knock on their door or contact them in relation to an investigation. By reaching out to our law firm immediately, we can begin protecting a person's rights and identifying potential defenses.

Help Avoid Self-Incriminating Statements

When conducting interviews or speaking to suspects, law enforcement officers are trained to gather incriminating information. A person who is under investigation may not realize that they are providing information that could be used against them. They may believe that by cooperating and explaining themselves, they will be able to avoid an arrest or resolve a case without facing criminal charges.

In reality, anything a person says is likely to be seen as an admission that they are guilty, and their statements may be taken out of context and used during a criminal case. We can help ensure that clients invoke their right to remain silent. By refusing to answer any questions or make any statements and stating that they want to speak to an attorney at Silverman Thompson, a person can avoid the possibility of self-incrimination.

Determining the Best Defense Options

The earlier our defense attorneys get involved in a case, the more options for defense will be available. Evidence that could show a person's innocence may need to be preserved before it is lost. Steps may be taken to challenge illegal searches or other situations where officers did not follow the law. Our lawyers can engage with prosecutors during the early stages of a case, and in some cases, we may be able to help prevent the filing of criminal charges altogether. We will provide clients with guidance on their best options while making sure the right steps are taken during their defense.

Addressing Digital Evidence

CSAM cases may involve multiple types of complex evidence related to a person's online activities and any files they have allegedly accessed, saved, or downloaded. Investigators will analyze seized devices, looking at file metadata, internet browsing history, download logs, deleted files, and multiple other factors.

Our legal team will also perform detailed analyses of evidence, looking for errors made by investigators and taking steps to determine whether charges are supported by the evidence. The close technical reviews we perform can be central to developing an effective defense strategy.

Strategies for Defense in Child Pornography Cases

Our attorneys will determine the best approach to take to address charges related to CSAM and defend against convictions. Some strategies we may use include:

Challenging the Legality of Searches

Many investigations by law enforcement officers will involve unreasonable searches and seizures. Officers are required to obtain search warrants before searching a person's home or seizing evidence. If a warrant was based on insufficient evidence, if it was too broad, or if officers went beyond what they were allowed to do during a search, we will take steps to suppress the evidence obtained.

When evidence is suppressed, it cannot be used against a defendant in a trial. In cases where the prosecution's case is based primarily on digital evidence, the successful suppression of this evidence may lead to charges being reduced or dismissed.

Challenging Accusations of Knowledge and Intent

To convict a person of a child pornography offense, prosecutors will need to prove that they acted knowingly and intentionally. They will not just need to show that CSAM was present on a device, but they will need to show that the defendant was aware of these materials and had intentionally accessed and retained them. This element of the offense can be contested in a number of ways.

Our lawyers may argue that a person did not intentionally access or download CSAM. We may show that files were automatically downloaded without a person's knowledge by file-sharing programs or malware. We may also be able to show that because multiple people had access to a device, a defendant was not the person who downloaded the materials in question.

Arguing That Entrapment Occurred

Undercover investigations by law enforcement officials may target people who use certain websites or online platforms. Officers may communicate with suspects, ask them to share certain types of materials, or encourage them to download images or videos. In some cases, the actions taken by officers may go beyond gathering information or attempting to identify suspects, and they may involve persuasion or coercion that causes a person to engage in illegal behavior. Our attorneys may be able to show that CSAM charges are based on entrapment by officers and that a person would not have done anything illegal if the officers had not caused them to do so.

Contact Our Towson Child Pornography Defense Attorneys

In situations where investigations or arrests may lead to criminal charges related to child pornography, the team at Silverman Thompson can provide a strong defense. We can help determine the best approach to take in these situations, and we will fight to protect our clients' rights. Contact our Towson, MD CSAM defense lawyers at 410-385-2225 to arrange a free, confidential consultation.