Serious charges warrant representation from a knowledgeable lawyer. At The Law Office of Andrew M. Kohlmetz, LLC, I provide a range of criminal defense services for clients located throughout the state. As a federal child pornography defense attorney in Portland, OR, I am available to meet with individuals charged with this serious offense. Schedule a consultation with me to discuss your child pornography defense today.
A Dangerous Charge
Federal and state charges involving the possession or receipt of child pornography are second only in seriousness to offenses involving the actual abuse of children. Simply being charged with these offenses is a life-changing event. If you are charged in federal court with a child pornography offense, it is extremely difficult to get released prior to your case going to trial. Even if your attorney convinces a judge you are suitable for release, you will likely be placed under strict conditions approximating house arrest until your case is resolved.
In federal court this release can easily take a year or more. In state court cases, the client also unlikely to be released before trial unless a significant amount of bail money is posted, and even then strict conditions of release will be imposed. If a client is convicted of possession or receipt of child pornography, he or she is likely facing a five-year mandatory minimum prison sentence.
In state court, although simple possession of child pornography does not trigger a mandatory minimum sentence, separate images are used as the basis for separate offenses, very quickly resulting in the client’s exposure to a lengthy prison sentence. In addition to incarceration, people convicted of these offenses face very difficult periods of active post-prison supervision and likely life-time registration as a sex-offender.
These facts regarding sentencing for internet sex crimes may come as a surprise to many clients who find themselves targeted in a child pornography case. Most of these cases arise through the use of peer-to-peer network file sharing software. This type of software, once installed, allows the user to search for and download files from other users on the “network.” It should come as no surprise, but it does, that law enforcement monitors such networks.
When the police identify a computer that appears to be downloading child pornography, they take the information to a judge and get a search warrant. They serve the warrant typically in a non-aggressive, non-hostile manner, and after assuring the person involved they are simply there to take the computers and to talk, the individual usually confesses on the spot. The police gather the computers and peripherals and leave. The police then do a forensic analysis of the computers and peripherals they seized and submit the findings to the local district attorney or to the United States Attorney’s Office. These analyses can be delayed for a year or more. Then, out of the blue, a year or two or more after the search, an arrest warrant goes out for the person.
If the police have contacted you or have served a search warrant at your home or office, concerning possible child pornography or other computer/internet sex crimes, it is extremely important you reach out to an attorney who has experience with these sorts of issues in both state and federal court. During the time between the search and seizure of the computer devices at issue and the potential prosecution many months down the road, there are a number of very important things you must discuss and consider with the advice of an experienced attorney. The defense work must begin as soon as possible. It is typical in such cases for me to employ a private investigator, a forensic computer analyst, and a number of other experts we can discuss in person.
Contact me, Andrew M Kohlmetz, to discuss your situation with a defense attorney. I provide services for clients in Portland, Oregon, and throughout the state.