San Jose Child Pornography Defense Lawyers

Internet Criminal Defense Attorneys

Child Pornography • Exploitation of Minors

According to federal and state law, it is a criminal act to produce, possess, distribute or sell pornographic images that depict or exploit a child (a minor). And yet pornography, including child pornography, is rampant on the Internet. Sometimes the distribution is inadvertent or even built into a "peer to peer" type of network.

If you are caught downloading and viewing child pornography, you could be facing a prison sentence and lifetime registration as a sex offender. Forward that photo to someone over the Internet, and now you are facing felony charges, possibly even in federal court.

At Hinkle, Jachimowicz, Pointer & Emanuel, our goal is to protect your rights and to vigorously defend you from charges of possession, distribution or manufacturing of child pornography. We have several extremely experienced defense lawyers on staff, including John Hinkle, a former San Jose police officer, and Richard Pointer, a certified criminal law specialist (State Bar of California Board of Legal Specialization). They know how to use weaknesses in a prosecutor's case while protecting the constitutional rights of the accused.

If you're facing charges of child pornography, contact the law offices of Hinkle, Jachimowicz, Pointer & Emanuel.

Did You Know of the Images?

Section 311.11 (possession of child pornography) of the California Penal Code can be charged as a felony or a misdemeanor depending on the number of photos or videos on your computer's hard drive. The prosecutor will even charge for photos or videos that reside in "cache" memory of which the computer owner may not be aware. The images can reside in memory from pop-ups from legal adult sites.

We use a forensic computer expert to show that our client is, or may be, an unwilling victim him- or herself.

Consequences of a Conviction for Child Porn

In cases charging simple possession of child porn in state court, punishments range from county jail to state prison. A possession charge in federal court carries a five-year minimum sentence. Sending child pornography online or through the mail can result in state prison time if not properly defended. Conviction on any of these charges will trigger lifetime registration as a sex offender, which brings a host of additional problems if you follow the rules exactly.

Contact Our California Child Pornography Defense Attorneys to Discuss Your Case

If you or someone you love has been accused of possession, distribution or production of child porn, contact a San Jose child porn lawyer at Hinkle, Jachimowicz, Pointer & Emanuel.

There is never a charge for your initial in-office conference with us. At that conference, the facts and defense of your case are discussed as well as the fee we will charge. In most cases, payment plans can be arranged.

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