Bel Air CSAM Defense Attorneys

Lawyers for Charges of Child Pornography Possession or Distribution in Bel Air, MD

When a person is accused of possessing, distributing, or producing child pornography, they may face criminal charges related to child sexual abuse material (CSAM). The consequences of these accusations can be dire, especially since law enforcement officials and prosecutors are likely to pursue severe penalties that may include a lengthy sentence in prison, massive fines, long-term probation, and the requirement to register as a sex offender for life. The effects of these accusations can touch every aspect of a person's life, and they may begin well before they are ever convicted.

People in Bel Air who are facing CSAM charges will need to make sure they have legal representation from a skilled attorney. At Silverman Thompson, our lawyers can provide invaluable help from the very beginning of the process. We can go to work immediately and take steps to protect a person's rights, and we will closely review the evidence and the procedures followed by law enforcement to identify the best options for defense.

Possession of Child Pornography

In general, charges related to the possession of CSAM may apply if a person is accused of knowingly having illegal materials under their control. Possession charges may be based on claims that images or videos were intentionally downloaded to a computer, phone, or tablet. A person may be accused of storing files in hidden folders, password-protected directories, on external drives, in cloud storage accounts, or in other locations. The possession of physical media like photographs or videotapes may also lead to CSAM charges.

Other complex issues may play a role in charges related to CSAM possession. Web browsers will automatically cache content from websites a user visits, and sometimes, they may store images that a person did not intentionally save and did not intend to access. File sharing programs that are used to download music or videos from various sources may save content in folders on a person's computer without their knowledge. If a computer, tablet, or other device was shared with a family member, roommate, friend, or someone else, files may be downloaded and stored without a person's knowledge.

To convict someone for possession of CSAM, a prosecutor will need to prove that they intentionally possessed the materials in question. That is, the defendant must have been aware of the presence of materials and their illegal nature. Our lawyers can contest these claims and argue that cached files, shared devices, malware, or other issues led to materials being accessed or downloaded without our client's knowledge or approval. We will carefully examine the evidence to identify opportunities to challenge a prosecutor's claims of intentional possession of CSAM.

Distribution of Child Pornography

Charges related to the distribution of CSAM can result in more severe penalties than would usually apply for a person convicted of CSAM possession alone. These charges may apply if a person is accused of selling or giving materials to someone, making materials available to others to be downloaded online, or distributing materials through other means.

In some cases, materials may have been made available without a person's knowledge on file sharing networks. When a person uses software that makes downloaded files available to other users on a network, they may be accused of intentionally distributing CSAM. Our attorneys may challenge these claims and take steps to show that our client did not deliberately send materials to anyone else.

Distribution charges may also be based on accusations that a person has sent CSAM to someone else through email, direct messaging apps, uploads to websites, or other forms of digital communication. Each file that a person allegedly shared can be charged as a separate count of CSAM distribution. We can provide guidance on how to challenge these accusations, demonstrate that there was no intentional distribution of CSAM, and defend against a criminal conviction.

Production of Child Pornography

While charges related to the production or distribution of CSAM can be serious, accusations that a person was involved in producing child pornography are likely to involve even more severe penalties. A person may be accused of being directly or indirectly involved in the sexual abuse of children while creating illegal materials, and prosecutors will often take steps to impose the most serious sentences available in these situations.

Production of child pornography may include multiple types of activities. The most straightforward cases involve claims that a person has created a sexually explicit recording or image of a minor. However, CSAM production charges may also apply if a person is accused of persuading, coercing, or otherwise causing a minor to be involved in the creation of child pornography.

In some cases, charges may apply even when a defendant never had physical interactions with a minor. Encouraging a minor to share or live-stream sexual content online may qualify as the production of child pornography. A person may also be accused of creating images that appear to depict an actual child or manipulating photographs or videos of a child to depict them in a sexual manner. These offenses may also fall under the category of CSAM production.

Defense Against CSAM Charges in Bel Air

Our legal team will work closely with clients to determine the best approaches to take in cases involving CSAM. We can review evidence in a case, determine how evidence was obtained, and raise defenses against multiple elements involved in a case. Our strategies may include:

Constitutional Challenges to Searches

The Fourth Amendment requires law enforcement officers to obtain search warrants before searching a person's home or other property or seizing their devices. We may argue that there was no probable cause to justify a search warrant, or we may take steps to suppress evidence that officers obtained by performing illegal searches. By challenging the evidence that may be used in a criminal case, we may be able to have charges dismissed due to a lack of evidence.

Challenging Knowing Possession

Our lawyers may be able to show that a person had no knowledge of materials that they allegedly possessed. We may take steps to prove that child pornography was accessed by someone else who had used a shared device or that malware or other factors led to downloads without a person knowing about them.

Challenging Whether Materials Qualify as CSAM

In some cases, law enforcement officials or prosecutors may claim that materials are CSAM, but they may be unable to prove that the person depicted is a minor. Our attorneys can raise questions about the age of an alleged child and argue that there is no way to prove that the materials qualify as child pornography.

Contact Our Bel Air CSAM Defense Lawyers

When you or someone you love are facing CSAM charges, having an experienced lawyer on your side can be crucial during your defense. At Silverman Thompson, we will explain your best options for defense, and we will make sure your rights are protected as we help you fight against a criminal conviction. Contact our Bel Air, MD child pornography lawyers at 410-385-2225 to set up your free consultation.