How to Defend Yourself when Accused of Possessing Child Pornography

By: Wallin & Klarich

If you are charged with (or being investigated for) possession of child pornography, it is critical to retain the services of an experienced child pornography defense attorney as soon as possible. Usually, the factual scenario is this:

The police or FBI come to your home to search your computer. They seize your computer and tell you they will be in contact with you at a later date.


When that happens, you need to 1) remain silent and 2) hire an attorney. The police agency does not act alone. Often they are told what to do by the US Attorney (if the case is being prosecuted federally), or by a District Attorney if the case will be pursued in a state court. It is rarely in your best interest to speak to the police. If you retain an attorney, they would call the police assigned to your case and the prosecuting agency and try to convince them not to file a charge or to agree NOT to arrest you.

There are many valid and effective ways to defend a possession/distribution of child porn charge. Many times, you may download something and have no idea that child pornography was included in the download. In other instances, there may be more then one user on that computer. There are many software products that allow users to share files unbeknownst to them and thus what might seem like “distribution” can simply be someone taking and copying your file. Part of the elements the prosecution must prove is “knowledge” that you even had the child porn and “knowingly” distributed it. An experienced criminal defense attorney can mount a defense to the allegation that can save you the horror of prison, and life long registration as a sex offender.

If you or a loved one is accused of or being investigated for possession of child pornography, call the law firm of Wallin & Klarich. We have been successfully defending people accused of this crime for over 30 years. The stakes are too high not to.

Posted In: Sex Offenses