Why are there so many child pornography arrests?

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Why are there so many child pornography arrests?

Not a day goes by that someone is not arrested for either possession of child pornography or transmission of child pornography images.  This is a phenomena and direct product of the computer age.  If you go back twenty years, most of the arrests for child pornography were by Federal Authorities and dealt with child pornography in the form of movies, photographs, magazines that were imported and sold for a price.  The United States Customs department and the FBI worked most of the cases.  With the advent of the computer age, child pornography from around the world is available with simply the click of a mouse.  The smuggling aspect of it as well as the economic motive no longer is the prime driving force.  Most child pornography is free and exchanged by millions of people around the world.

Child pornography can take a number of different forms.  It can be something as simple as nude pictures of teenage girls in compromising poses to real hardcore sexual abuse of infants and prepubescent children.  The desire to look at child pornography can and often does date back to something that happened in childhood.  As a Florida sex crime lawyer, it has been my observation that many times it goes back to something that happened to that person as a child.  They may well have been sexually molested themselves.  It may well be a psychological product of sexual trauma inflicted on them by a parent, relative or friend of the family.;

It is in many cases a treatable illness.  The problem is that the Federal Authorities feel that the only way to deal with this illness is to lock people away in Federal prison for decades.  The penalties if you get arrested by the FBI are horrible.  I have defended educated people like doctors and lawyers who found themselves the victim of Federal prosecution for what was basically a weakness created by something in their own childhood.  Incarceration is not the answer.  Treatment is a far better and more cost efficient alternative.  In defending child pornography cases I try and address the cause of a person’s problem and not necessarily the symptom, like possession of the kiddie porn.

The Federal Sentencing Guidelines and the Federal Laws provide for mandatory minimum sentences, long prison terms and lifetime registration as a sex offender.  As an experienced Florida child pornography lawyer I have a twofold approach to defending these cases.  Do not assume that it is hopeless. There are technical defenses to these types of cases.  They can be won.  In cases where the evidence is hopeless (which I never assume) you may be able to convince the Court that a downward departure from the guidelines is appropriate and treatment is a better alternative. In the blogs to follow I will try and explain how the prosecutions come about, how they are defended and ways to lessen the impact of being charged in either the Federal or State Courts.

For a Free Consultation call  941 366 3506 24/7 or send me a confidential email to peterdaiken@gmail.com with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

Se habla espanol, llame 941-366-3506, o mande un correo electronico aolawc@gmail.com.

Call immediately for a free consultation…better safe than sorry.

They Took My Computer…Am I Under Investigation for a Crime??

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They Took My Computer….What Do I do”?

It begins with a knock on your door.  It is a law enforcement officer from the FBI, ICE or one of the other Federal criminal investigative agencies.  It may be from a local detective.  They ask if they can talk to you.  The ask permission to look on your computer or they ask permission to take your computer.  Most people relent and voluntarily turn over their computer or worse yet consent to an interview.  As an Experienced Florida Child Pornography Lawyer,never give up your computer and keep your mouth shut.

Government investigators are constantly monitoring the Internet.  The “thought police” really do exist and really are monitoring which sites you visit and what you look at and particularly what you download to your computer.  Child pornography images have identifying “hash” values, similar to fingerprints.  Google can identify child porn if it somehow goes through a Google site like Picasaweb.  If you are on a peer to peer site, you are being tracked and the hash values for certain images will lead the police to your door.

They may not have enough for a warrant to take your computer buy you may be a suspect and they may try and talk you into voluntarily turning it over.  As a Florida Child Porn Attorney, do not do it.  Call a lawyer.

Not all criminal defense lawyers are experienced in cyber crimes

As a Florida Criminal Defense Lawyer, experienced in Child Porn Criminal Defense, I have been handling sex crimes involving computers as long as there have been computers.  There are technical defenses that have nothing to do with guilt or innocence.  Just because you are guilty does not mean they can prove it. As a Florida Federal Sex Crimes Defense Attorney, confession may be good for the soul but if you confess to law enforcement, they will put your body in Federal prison for many years.  I cannot stress how very important it is to absolutely keep your mouth shut.  When you hear those very ominous words “you have the right to an attorney”, shut up and call a lawyer.  You cannot talk your way out of an arrest or out of jail.  The only way legally they can put you “behind” the computer at the time of a crime, many times is with your own admission.  You may be in a house where many people have access to the computer or have an unprotected router and the police may not be able to prove who downloaded a particular image.  Don’t talk yourself into jail.

If you have been contacted or a search warrant has been executed and your computer seized I suggest you call  941 366 3506 24/7 or send me a confidential email to peterdaiken@gmail.com with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

Se habla espanol, llame 941-366-3506, o mande un correo electronico aolawc@gmail.com.

Call immediately for a free consultation…better safe than sorry.

With “Child Porn” Deleted Doesn’t Mean It is Gone

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 Deleted Doesn’t Mean It is Gone

We live in a country where you can be sentenced to prison for simply looking at a picture.  Most people have no idea how much trouble you can get in for simply looking at an image on a computer.  Child pornography prosecutions each year put hundreds of men in prison for simply looking at images of under aged teenagers engaging in sexually explicit conduct.  For example, if a seventeen year old girl sends a sexually explicit photograph of herself to her nineteen year old boyfriend, he can go to jail for simply having it on his cellphone.  As a Florida sex crime lawyer, I once had a case where a teenage boy, with the same name as his dad, was looking at sexually explicit pictures of teenage girls, his own age, on the family computer.  The dad was immediately targeted by the FBI and a search warrant was executed taking the family computer.  Although the boy had “deleted” the images, they were still there without the dad’s knowledge.

If you think you have deleted and image, you are wrong.  It is still lurking in your computer somewhere, most of the time in “unallocated space”.  You may be in possession of child pornography unintentionally.  You may have received something you do not want and never intended to get but simply don’t know how to get rid of it.  You may have been downloading adult porn and accidently have seen or downloaded kiddie porn.  Once it gets in your computer, you have a real dilemma.  If you take it to a computer tech to have it removed, they may and will report you to the police.  If you buy one of the commercial products to “erase” it, it may not work.  You may have downloaded something and never opened it and may not even know it is on your computer.

On possible solution is to reformat your hard drive totally wiping out everything on your hard drive, including the operating system.  Another but costly solution is to destroy your hard drive.

Throwing away your computer or cellphone is not the answer.  As a Sarasota Child Pornography Attorney,I have seen cases where a cellphone is found, after being lost, and found to contain child porn, usually messages that constitute texting. As a Fort Myers Child Porn Lawyer, I once saw a case where a computer was thrown into a canal.  The FBI recovered it and the hard drive still contained the images. As a Florida State and Federal Child Porn Defense Lawyer, I have been defending child porn cases for over twenty years.  I have seen the penalties increase 500% in the last ten years with horrible minimum mandatory Federal Sentences.  There are defenses to these cases and having a criminal lawyer that is savvy and understands technology can make a difference.  Never voluntarily surrender your computer to any law enforcement officer.  Demand to see a search warrant and never, no never, make a statement or consent to an interview.  If contacted by the cops, call  941 366 3506 24/7 or send me a confidential email to peterdaiken@gmail.com with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

Se habla espanol, llame 941-366-3506, o mande un correo electronico aolawc@gmail.com.

Related information from the FDLE Website:

Possessing, distributing, transmitting and manufacturing child pornography are all illegal in the State of Florida and are third degree felonies covered under Florida Statutes 847.0135, 847.0138 and 827.071.

 “Child pornography” means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

“Minor” means any person under the age of 18 years.
Florida Statute 847.001(8)

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
Florida Statute 847.001 (16)

Related Video : http://www.winknews.com/Local-Florida/2014-01-28/Feds-investigate-Fort-Myers-man-in-child-pornography-case

Related article : http://www.winknews.com/Local-Florida/2014-01-28/Feds-investigate-Fort-Myers-man-in-child-pornography-case