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Sometimes law enforcement will use coercion to gain entry into someone's home or office. These are just some of the many questions that the government is forced to answer in order to prove it's case beyond a reasonable doubt.
Sometimes law enforcement won't have enough evidence to get a lawful search warrant. As you can tell, there are numerous avenues that can be explored to successfully defend a child pornography case. Mallonee defends child pornography cases out of his office in Fort Pierce, Florida.
The government also has to prove that the person they are accusing of possessing child pornography is also the person who was sitting at the keyboard when the images were downloaded and viewed. If you or someone you care about wants to talk to a criminal attorney who has successfully defended these cases, don't hesitate to call Brian Mallonee at (772) 464-1991.
Hiring a criminal defense attorney who has successfully argued this defense in front of a jury can mean the difference between your freedom and two decades in prison. Under Florida state law internet solicitation of a minor is a 3rd degree felony punishable by up to 5 years in prison for each count that is charged.
Under Federal law, the government must essentially prove the same elements as they do in state court. If someone is convicted of attempting to solicit, lure, or entice a minor to commit a sexual act in Federal court a 10 year minimum mandatory sentence applies.
There exists an array of different charging decisions that the government can make in these kinds of cases.
The way the legislature has set up the sentencing guidelines, the average child pornography possession case always carries an "advisory" prison sentence.
This means that Federal judges are told to consider the guidelines and use them as "advice" from the United States Sentencing Commission.
Although these sentencing guidelines are not mandatory, it can be an uphill battle to persuade a Federal judge to sentence someone below these guidelines.
The potential penalties only get worse if the State or Federal government file charges involving transmission of child pornography or distribution of child pornography.
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