Child Pornography Attorneys for Over 30 Years
Why Hire Wallin & Klarich
[youtube_sc url=”http://www.youtube.com/embed/M-78Kzq39Jk” width=”300″ ratio=”4:3″ class=”video-right”]If you are accused of any child pornography crime it will feel life your life is over. At Wallin and Klarich we have been successfully defending our clients accused of child porn crimes for over 30 years. We know what you and your family are going through. If you or a loved one has been accused of any child pornography crime now is the time to contact us so we can begin to aggressively protect your legal rights. We have offices throughout Southern California. Call us or email us now.
We will get through this together.
(877) 4-NO-JAIL or (877) 466-5245
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Cases We Have Won For Our Clients
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Client charged in Federal Court with Possession of Child Pornography and facing 10 years in Federal Prison, lifetime registration as a sex offender and lifetime supervised release. Client admitted to the hard-drive being his but that he was not aware of the child porn on the hard-drive. Client stated that he downloaded adult pornography in batches of files and that was it. After investigating the case and evaluating the possible defenses, the client was advised to take the case to jury trial. After a 5 day trial of cross-examining FBI forensic experts and arguing to the jury that when downloading batches of adult pornography there must have been some child pornography in those batches, the jury found my client not guilty and the charge were dismissed.
Client charged in Federal Court with Distribution of Child Pornography and facing 20 years in Federal Prison with a mandatory minimum of 5 years. Client stated that he did possess the child porn but did not distribute it. After a thorough investigation and evaluation of the case, the client was advised that it would be in his best interested to negotiate a settlement of the case. In the end, I got the distribution charge dismissed and my client plead to a mere possession charge and received a year of Federal Prison.
Child Pornography Laws in California
California law makes it illegal to possess or distribute child pornography. Under California Penal Code Section 311 et seq., it is a crime for any person to knowingly distribute or possess child pornography. Child pornography is generally known as nude photos of minors or video of minors engaging in sexual acts. A conviction from possessing or distributing child pornography will result in serious penalties. It is a crime under California state law and federal law. It is critical that you speak with an experienced sex crimes attorney if you are facing a child pornography charge.
Understanding Child Pornography
To understand how the prosecution will prosecute the case, it is important to understand how the law defines child pornography. The law refers to child pornography as “obscene matter depicting a person under the age of 18 years personally engaging in sexual conduct.”
Obscene matter is defined as (1) material that shows or describes sexual conduct in an obviously offensive way; (2) a reasonable person would conclude that the material lacks serious literary, artistic, political, or scientific value; and (3) an average adult person applying contemporary statewide standards would conclude that it appeals to a prurient interest.
Sexual conduct means actual or simulated sexual intercourse, oral copulation, anal intercourse, anal oral copulation, or any other sexual conduct as defined in Penal Code Section 311.4(d)(1). An act is simulated when it gives the appearance of being sexual conduct.
In deciding the matter’s nature and whether it lacks serious literary, artistic, political, or scientific value, the jury shall:
- Consider whether the circumstances indicate that the matter was being commercially exploited because of its prurient appeal.
- Consider whether the defendant knew that the matter showed persons under the age of 16 years engaging in sexual conduct.
- Contemporary statewide standards look at the material’s impact on the average person in the statewide community.
- A prurient interest is a shameful or morbid interest in nudity, sex, or excretion.
Have You Been Charged with a Child Porn Crime?
If so, the matter is very serious. You need the professional assistance of an experienced child pornography lawyer. Our law firm has over 30 years of experience defending those accused of sex crimes. We have represented the California Teachers Association (CTA) for over twenty years and have a proven track record of success in defending sexual abuse cases.
Potential Consequences of Being Accused of Child Pornography
Generally, the prosecution must prove that 1) the material is obscene by going through the long list of definitions listed above, 2) the defendant knew of the material’s obscene nature, and 3) the material showed a person under the age of 18 years participating in a sexual act.
The punishment under the child pornography laws can be severe. Depending on which child pornography law the defendant is convicted of, the punishment can range from imprisonment in county jail for up to (1) year to imprisonment in state prison for up to eight (8) years. The defendant can also be subjected to fines of up to one hundred thousand dollars ($100,000). Possibly the harshest punishment resulting from a child pornography conviction is that the defendant will have a lifetime duty to register as a sex offender under the Sex Offender Registration Act. See California Penal Code Section 290. The defendant’s information will also be published on the sex offender website pursuant to Megan’s Law. This website will show the defendant’s name, photograph, home address, crime convicted of, and any other identifying information.
Wallin & Klarich Can Help
The Orange County sex crime attorneys at Wallin & Klarich are well versed in laws pertaining to child pornography and accusations of all kinds of sex crimes. If you or a loved one is facing a child pornography charge, it is important that you speak with an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys will aggressively fight to defend your rights. We have been successful in keeping our clients off the sex offender registry.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation. We will see to it that your rights are protected in a court of law, and that your innocence ultimately prevails.
I was devastated when police served a search warrant at my home and seized my computers and arrested me for a felony sex crime. I found the law offices of Wallin & Klarich on the internet and immediately made an appointment to meet with my attorney. My attorney listened to my side of the story and I was convinced I hired the right firm after meeting with him. When the case got to court, the District Attorney’s offer was to plead guilty to a felony, serve 1 year in county jail and to register as a sex offender. My attorney was persistent in his negotiations with the DA and was able to convince them to drop my case to a misdemeanor with no jail time and no registration. I was overjoyed with the result and I want to sincerely thank Wallin & Klarich for all of their time and effort on my case.
– E. B.
(877) 4-NO-JAIL or (877) 466-5245
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