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Child Pornography Possession Defenses

HAVE YOU BEEN ACCUSED OF POSSESSION, PRODUCING, RECEIPT, OR DISTRIBUTION OF CHILD PORNOGRAPHY?

This is the most terrifyng time in your life. Your reputation, career, and freedom are on the line. You want an attorney who understands what you are going through and has the specialized knowledge to succesffully handle these unique cases.

For nearly 20 years, Houston computer crimes attorney Neal Davis has represented individuals charged in state and federal child pornography cases. He has earned a reputation for aggressively fighting these cases and winning results.

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internet child pornography defense


HOUSTON CHILD PORNOGRAPHY DEFENSE LAWYER


Being charged with a child pornography crime is one of the most frightening and stressful things that can happen to a person. These offenses rank among the most serious crimes, with some having mandatory prison terms and substantial fines if convicted. In our age of digital media, arrests on child pornography charges are more common because they are relatively easy to investigate.

Police track suspicious online activity, determine the exact location of the computer used, and on that basis get a search and/or arrest warrant. Because of the public outrage that these cases provoke, prosecutors usually take a hard line and will refuse to dismiss or reduce a case unless the defense attorney gives them no other choice.

Child pornography cases are unique and sensitive, and require a lawyer with the right expertise. With insight into special computer forensic issues, how the government investigates and prosecutes these cases (and mistakes they make), and evolving case law, the Neal Davis Law Firm has the knowledge and experience to position these cases for the best possible outcome.

We focus on 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


Talk to a Houston criminal defense attorney who can help

Neal Davis is recognized in child pornography defense and computer crimes
CALL (713) 227-4444 NOW



Won't it look bad to police if I hire an attorney if I'm being investigated?

Houston criminal defense attorney, Neal Davis

“No. The job of a defense attorney is to protect the legal rights of those accused of a crime. Police are used to lawyers representing suspects, and understand that innocent suspects hire lawyers to protect themselves. You should immediately contact an experienced attorney to protect your rights. Hire the lawyer you feel is the most qualified, and with whom you feel most comfortable. Examine the lawyer's experience. Also, consider the lawyer's credentials and their ratings. Among the most reputable and prestigious ratings are an AV Rated by Martindale Hubbell (2015) and admission into the Best Lawyers in America (2015-2019).”

- Neal Davis



Charge:
Client investigated for possessing child pornography
Result:
Charges Declined
Charge:
Client accused of distributing & possessing over 1,000 images of child pornography
Result:
Deferred Adjudication

WHAT OTHERS SAY
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No-nonsense and straight forward

"Mr. Davis was referred to me by someone who has often seen Mr. Davis at work. From the beginning Mr. Davis was no-nonsense and straight forward. He got to work right away and kept me informed of whatever developments came about. His reputation, professionalism and tenacity gave me confidence for a positive outcome. At the end my case was dismissed. If I or someone I cared about were to be in need of criminal defense in the future Mr. Davis would definitely be my first call."

Houston
 |  Client's case dismissed
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Absolutely the best

"I am posting this anonymously due to the fact that our son had a traumatic brain injury many years ago and we want to respect his privacy and not cause him any more trauma in his life. As a family, we knew we needed to tell anyone needing criminal legal counsel to contact the Neal Davis Law Firm. Never thought that our family would ever need a criminal defense attorney to represent us but we did and we got absolutely the best, Neal Davis. Neal helped our family get through a very dark and trying time. Neal walked us through the process of our specific circumstances regarding the law and what to expect. Neal always made himself available for questions and lent a very compassionate ear when we felt helpless and vulnerable touching the arm of the criminal justice system. If you or anyone you know needs help, call Neal Davis, you will receive the best defense you possibly can bar none! FYI - all is well, no charges! Love and blessings to you and yours always, Neal!"

Houston
 |  Child pornography investigation, but no charge filed


4 phases of a child pornography allegation

Being charged with possession, receipt, production, or distribution/promotion of child pornography is one of the most serious allegations a person can face. Due to the prevalence of online pornographic material, the state of Texas and the federal government are extremely aggressive in prosecuting individuals accused of possessing/producing child porn. Hiring an expert child pornography lawyer as soon as possible is crucial to protecting your rights and building a strong defense.


Phase 1: Investigation

A child pornography investigation typically begins with a law enforcement officer locating child pornography available for download. After downloading the images, the officer searches for the IP address attached to the image and seeks a subpoena to identify the account holder of the IP address.


Phase 2: Search & Seizure

After the owner of the pornographic material is identified, police will obtain a warrant to search the person's residence and seize any property that might be incriminating – computers, laptops, phone and any other devices capable of storing data. These items will then be analyzed to see if they contain child pornography. Sometimes, an arrest warrant is also obtained along with the search warrant. But even without an arrest warrant, investigators can arrest a suspect when the search occurs and child pornography is located. This most often happens when police show up with a search warrant, find some child pornography images at the scene, and question the suspect who admits he is responsible for the child pornography.


Phase 3: Formal Charges

Following the defendant's arrest, he or she may be eligible for a bond depending on whether the charges are in State or federal court. In State court, a defendant is entitled to bond. In Harris County, Texas, the trial court uses several factors to set the bail amount, including the defendant's work record, community ties, family, length of residency and prior criminal history. If you cannot afford both bond and a defense attorney, then spend your money on the attorney. Bond is a short-term gain; hiring the right attorney carries long-term consequences.

In federal court, a defendant is not entitled to bail. That means the judge can detain the defendant in a child pornography case. A judge's decision to detain the defendant often hinges on the specific facts of the case, including the number of images, whether the defendant merely possessed (as opposed to distributed or created) child pornography images, and whether the defendant has anything in his or her history suggesting sexual deviance.


Phase 4: Defense

Once a criminal defense lawyer is hired to represent the defendant, the attorney will immediately begin building a defense. For example, investigation will determine whether the government can tie the defendant as the person who actually knowingly possessed, distributed or received child pornography. Or whether the defendant used an unsecured or shared network, therefore allowing others (besides himself/herself) to download child pornography without their knowledge. Or whether the government legally conducted any search or arrest.

If a defendant is convicted, then there is sentencing. Penalties for a child pornography charge can include fines and court costs, probation, sex offender counseling, restitution for the victim(s) and imprisonment. There is also mandatory sex offender registration for life.


How a Houston child pornography attorney can help

At the Neal Davis Law Firm, we believe everyone is entitled to respect, discretion and an expert defense. We regularly defend people facing charges of child pornography and have a track record for zealously defending our clients against aggressive prosecutors. If you suspect you are being investigated for possession, receiving, producing, or promoting/distributing child pornography, or for online solicitation of a minor, or you have already been charged, contact our Houston law office as soon as possible to discuss your case.


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