Child Pornography

Hinkle, Jachimowicz, Pointer & Emanuel

San Jose & Federal Criminal Defense Attorneys

Child Pornography • Internet Crimes • Sex Crimes • Exploitation of Minors

Our Lawyers Have Over 100 Years of Combined Experience in the San Jose & Bay Area

At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, located in San Jose, California, our goal is to vigorously defend Californians who have been charged or accused of criminal offenses including child pornography. Our trial lawyers bring 100 years of combined experience to bear on defense of cases involving Californians who have been accused of possessing or distributing child pornography.

Pornography, especially child pornography – is rampant on the Internet. But if you're caught downloading and viewing child pornography from the Internet, you're facing jail and a lifetime of registration as a sex offender if convicted of this charge. Forward that photo to someone over the Internet, and now you're facing felony charges or in some cases extremely serious federal charges. Section 311.11 (possession of child pornography) of the California Penal Code which can be charged as a felony or a misdemeanor often depends on the number of photos or videos on your computer's hard drive to determine the seriousness of the offense. We have the forensic computer experts to show that our client is, or may be, an unwilling victim himself. In cases charging simple possession in State Court, punishments range from county jail to state prison. Sending child pornography can result in serious state prison time if not properly defended. Mere possession in Federal Court carries a five year minimum sentence.

Federal and state laws stipulate that it is a criminal act to produce, possess, distribute, or sell pornographic images that depict or exploit minors. Child pornography laws are often used to penalize users of computer technology (usually the Internet) who obtain, share, or distribute pornographic images or films involving children. Sometimes the distribution is inadvertent or even built into a "peer to peer" type of network. 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. You need a strong defense to any of these cases. Conviction on these cases will trigger lifetime registration as a sex offender.

If you're facing charges of child pornography, you need an aggressive, experienced, and knowledgeable criminal defense attorney. At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, we have John Hinkle, former San Jose Police Officer, and Richard Pointer, a Certified Criminal Law Specialist (State Bar of California Board of Legal Specialization). They understand how cases are investigated and tried. They know how to use weaknesses in a prosecutor's case while protecting the Constitutional rights of the accused.

Internet Communication with Minors

The vast majority of adults using the internet as a fantasy may believe that the communications that they are having with "minors." are actually with other adults. Sometimes the person who is involved in a conversation actually expects the other person to be an adult acting in fantasy as a child or teenager and is often surprised to find out that the "adult" is actually a police officer posing as a minor usually posed as ages 12 to 14. While many of these conversations may seem benign fantasy, it is highly likely that the person posing as a minor is actually a police officer or an investigative reporter who is attempting to convince the other party to send graphic messages and photographs in order to prosecute him or her for transmission of pornography, a felony. Even worse, the officer may encourage the unsuspecting party to meet with the fictional minor at a mutually convenient location. At that time, the "minor" will often be asking the adult to bring certain items along with him for identification or pleasure purposes. These can include specific types of chewing gum, condoms, sodas, flowers, and other items. When the target adult shows up for a meeting, he or she is immediately arrested for attempted child molest, a very serious felony.

If you or someone you love has been trapped between fantasy and the reality of arrest or has ever participated in communicating with a minor, you will need immediate professional advice. Do not talk to the police before consulting with an attorney.

Contact our California child pornography defense attorneys to schedule a consultation if you have been arrested for child pornography or any sexual offense.