Defending a Child Pornography Case in Omaha

Defending a child pornography case in Omaha is challenging, as law enforcement officers take these charges very seriously. If you are facing accusations related to the possession or distribution of child pornography, the prosecution will use every possible resource to find evidence against you.

Consequently, it is critical that you seek legal counsel right away. The skilled attorneys at Berry Law have years of experience handling these types of cases. We can protect your rights throughout the legal process.

Requirements for Filing Child Pornography Charges

For child pornography charges to be brought in Nebraska courts, there must be some evidence—such as an image or video—found on a person’s laptop, phone, or storage device that contains sexually explicit content of a child. The prosecution must prove that the accused knew there was child pornography on their device and had the ability to access it to obtain a conviction.

It is important to remember that the prosecution has the burden of proof in a criminal case. A seasoned attorney can defend you by exposing reasonable doubt that you were in possession of child pornography.

Common Forms of Evidence Used by the Prosecution

There are many forms of evidence that may be used in a child porn case, but computers are the most common. Prosecutors often bring in an expert to examine your computer and testify about the contents of the device. Additional experts may be brought in to testify to the ages of the people portrayed in the images or videos.

The prosecution will likely also use evidence like financial records, computer registration documents, and photos to prove that the defendant had access to the computer, used it regularly, and knew there was child pornography on the device.

Internet records can also be used to show the accused had regular internet access and that the computer in question was connected to that internet service. The prosecution can gather this information by requesting bills or other documents from the internet service provider. An experienced lawyer familiar with these forms of evidence can help you prepare a solid defense to your child pornography charges.

Importance of Computer Literacy When Building a Defense

When fighting child pornography charges in Omaha, it is vital to have an attorney who has an in-depth knowledge of computers. Your lawyer should know how computer files and image files are encoded and encrypted to be able to determine when they were originally recorded, saved onto the machine, and allegedly accessed.

Those three dates are critical to any defense. For example, something may look like child pornography, but the date it was created may prove that the person portrayed in the image or video was not actually a child.

Common Defenses Used in Child Pornography Cases in Omaha

There are two main defenses to a child pornography charge. You and your attorney may argue that the person depicted in the image or video was not actually a child.

Alternatively, you may argue that you did not have access to the material once it got on your device. A skilled lawyer can help you determine the best defense for your particular case.

Bringing Attention to a Violation of Your Constitutional Rights

Presenting evidence of a violation of your constitutional rights can also be a useful defense tactic in a child pornography case. The most common constitutional issue deals with the Fourth Amendment, which protects you from unreasonable searches and seizures. If the law enforcement did not have the right to seize your device, you may be able to get any evidence found during the search thrown out.

Other constitutional issues may come up under the Fifth and Sixth Amendments. Police officers often try to get accused parties to admit that they knew there was child pornography on the device. In situations like this, a lawyer might argue that you did not knowingly, intelligently, or voluntarily give the police that information. Additionally, an attorney may point out violations of your rights guaranteed by the United States Constitution, such as the right to remain silent and have an attorney present during questioning.

A Skilled Omaha Lawyer Can Help You Build a Defense in Your Child Pornography Case

The penalties for a child pornography charge are severe, so you should contact an attorney if you are facing accusations. Berry Law has years of experience defending child pornography cases in Omaha. Contact us today to schedule a confidential consultation and learn how we can help you.