Arrested for Child Pornography in Lexington?

Recently there have been law enforcement arrests of Lexington area citizens and charged with various levels of offenses related to child pornography. Child pornography related charges can either be bought in State or Federal Court (or both). When charges are brought in State Court the most common charge is sexual exploitation of a minor.

Sexual Exploitation of a Minor – S.C. Code § 16-15-395. This is a felony that carries up to twenty years in prison. All convictions also require lifetime registration as a sex-offender.

1st Degree – Three - Twenty Years in Prison

2nd Degree – Two - Ten Years in Prison

3rd Degree – Up to Ten Years in Prison

Previously child pornography arrests were primarily made through police stings, using file sharing networks. Recent arrests have been made as a result of postings allegedly made by the defendants on social media.

These are incredibly serious criminal charges. It does not make a difference if the defendant never made or attempted inappropriate contact with any actual children. Simply possessing illegal images is enough for the police to make an arrest.

The Law Office of James R. Snell, Jr., LLC, has experience in representing defendants charged with sexually oriented offenses in the Lexington County Court of General Sessions. There are several steps that can be taken immediately after an arrest in order to best position the case, and the defendant, for court.

Never overlook the possibility that the police have simply arrested the wrong individual. Unsecured wireless computer networks can create a situation where police can track illegal online files to the wrong address. For example, if a neighbor or someone in a parked car can access an unsecured network, everything that they upload or download will be tied back to the innocent party. An expert in network and internet technologies can help identify these sorts of issues that may be present in any given case.

In addition to being a defense attorney, James R. Snell, Jr., is also a Microsoft Certified Systems Engineer (MCSE), and is familiar with how technical issues can become legal issues in these cases. The MCSE was received after Mr. Snell passed a series of examinations dealing with computer networks, the TCP\IP protocol (which is how data is communicated on the Internet), and operation of Windows based servers and PC’s.

We recommend that everyone charged with a child pornography offense incorporate a psychologist into their defense team. A favorable opinion that an individual is not a pedophile, and does not present a risk of harm to children or other members of the community can go a long way towards reducing charges and obtaining a lowered sentence. We can put together the psychologists, investigators, and other resources our clients need in their case in order to have a comprehensive defense.

Use of employment and character references can also be a significant help in these case. At first glance prosecutors and those in authority may assume that anyone even minimally associated with any child pornography should be jailed for the maximum time limit possible. It is important to document that whatever a defendant’s role may have been, it represents simply one small aspect of their life.

It is important that anyone under accused of, placed under investigation, or arrested for any child pornography charge never speak with the police or consent to any searches of their home or any electronic device, until first meeting with a defense attorney. Everything you say and do can come back to hurt you and your case later. Cooperation with law enforcement frequently backfires, and may result in more serious charges and harsher prosecution.

If you or a loved one is under an investigation or has been charged, contact our office for a free consultation. You will meet personally and confidentially with James Snell. He will review your options with you and answer any questions that you may have. He will also provide you with a guaranteed flat-rate quote for defending your case that will include the costs of any recommended psychologist or investigative services. If you retain our office, and your charges are not dismissed or reduced to your satisfaction, then we will be prepared to fully contest your case in court.

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