In Texas State court, a defendant charged with a child pornography offense has a right to a bond. But in federal court, that is not the case. Instead, a defendant charged with an offense involving a minor child—including child pornography—is presumed to be detained.
What is “presumption” of detention?
A “presumption” of detention means a defendant will be detained unless he or she produces sufficient evidence showing they will not be a flight risk or a danger to the community.
Historically, federal prosecutors have almost always moved for detention in federal child porn cases. This made it difficult for criminal defense lawyers to coordinate with their client, who was in custody, to prepare a defense, have the defendant evaluated, and get him or her mental health treatment, among other things.
It is crucial for someone charged with a federal child pornography offense to hire an attorney who knows how to maximize the chances of pre-trial release.
Overcoming Detention
Increasingly, magistrates, who determine whether a defendant should be detained, have reservations about detaining people with no criminal history and did nothing other than downloading child pornography alone at their house. But that doesn’t stop prosecutors from trying to keep the defendant in jail until his case is over.
I saw this first-hand when I obtained the release of a client – a physician – whom prosecutors had tried to detain. The magistrate thought the prosecutor’s position was completely unreasonable, despite the presumption of detention, and let the defendant out on bond.
Enlist the Help of an Experienced Houston Criminal Defense Attorney
If you are charged with a federal child porn offense, contact a criminal defense attorney immediately to protect your rights. At the Neal Davis Law Firm, we specialize in representing individuals who have been charged with various types of Internet and sex crime charges, including:
- Child pornography possession
- Child pornography distribution/promotion
- Child pornography receiving
- Possessing obscene material
- Online solicitation of a minor
Schedule your consultation at our Houston law offices today.
