The experienced Tampa pornography criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested for pornography in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota Count, Pasco County, Hernando County, and throughout the State of Florida.
Child pornography is illegal under both Florida law and federal law. However, the fact that someone has been accused of a crime involving pornography does not mean that they are guilty of that offense. Each case has its own unique set of circumstances. The experienced criminal defense attorneys at Fernandez & Hernandez defend people accused of pornography crimes. The criminal defense lawyers at Fernandez & Hernandez can review your case and establish a plan to have your charges dropped or reduced or, if this is not possible, work toward minimizing the penalties that you may be facing.
Florida’s statutory scheme outlawing pornography involving minors is broad. “Child pornography” is defined as “any image depicting a minor engaging in sexual conduct”. A person may also be found guilty of a crime under Florida law if they:
Authorize or induce a child to engage in a sexual performance;
Direct or promote any performance in which sexual conduct is performed by a person under 18; or
Possess, control, or view a photograph, computer depiction, show, or other presentation involving sexual conduct by a minor.
The government has the burden of proving that a defendant is guilty beyond a reasonable doubt. The prosecution must provide legally admissible evidence of each element of the offense. Evidence obtained in violation of the defendant’s constitutional rights may be excluded before trial. The skilled pornography criminal defense attorneys at Fernandez & Hernandez will investigate every possible defect in the government’s case, including moving to exclude evidence that may have been acquired through an illegal search or a constitutionally invalid confession.
A pornography conviction may be a felony which could result in a term of incarceration and a fine. A convicted defendant may need to register as a sex offender, which is usually a lifelong obligation. Being a convicted felon, especially a registered sex offender, may greatly affect a defendant’s ability to find employment and suitable housing. A conviction may adversely affect a defendant’s personal relationships and jeopardize their ability to pursue educational opportunities.
The penalties in pornography crimes are serious. The indirect consequences that come with an accusation can last a lifetime. Finding the right lawyer that can fight to protect your good name is an important decisions after a false allegation.
Once convicted of a sexually motivated crime under Florida law the offender must register as a sexual offender. Sexual Predator or dangerous sexual predator designation under Florida Law comes with special reporting requirements and a variety of restrictions.
If you are being investigated for a pornography related crime, or if you have been arrested for a pornography related crime, the criminal defense attorneys at Fernandez & Hernandez may be able to help you find a solution that doesn’t involve jail time and avoids any conviction. Some of the options are:
Motion to suppress – if evidence was obtained in an illegal manner the evidence may be suppressed and the case may be dismissed;
Motion to dismiss – if the evidence is insufficient to prove that a person is guilty under the law the case may be dismissed;
Plea – Minimal probation or other plea deals may suit certain clients who wish to resolve the case without the risk of a trial that could include jail time; and
Trial – Many clients are not guilty of the charges that are brought against them and may prevail at trial.
Pornography cases are complex and require an attorney with trial experience who is familiar with pre-trial motion practices. The criminal defense lawyers at Fernandez & Hernandez represent individuals charged with a wide variety of sex offenses.
If you are under investigation or have been arrested for a pornography offense in the Tampa Bay area contact an experienced criminal defense lawyer to discuss your case. The criminal defense attorneys at Fernandez & Hernandez represent individuals under investigation for or charged with sex crimes.
The criminal defense attorneys at Fernandez & Hernandez can help you understand all of your options. We can help you decide whether to file a motion to suppress evidence based on an improper search, or a motion to dismiss based on a lack of evidence. We can help you challenge the credibility of the police.
The Fernandez & Hernandez law office is designed to swiftly resolve any difficulties that you may face. Our attorneys continue to strive upon improving and bettering the situations of our clients. Contact partner Daniel J. Fernandez or Martin Hernandez today so we can fight for you and protect your rights. Call (813) 229-5353.