Sex Crimes
Under our system of laws, a person is innocent until proven guilty. But, when a person stands accused of child sex abuse, sadlythe rule has become, "guilty until proven innocent". The burden feels as if it were placed solely on
the accused.
We understand the stigma associated with sexual charges. There are few areas of criminal law in which there are so many wrongfully convicted people. In addition to facing strong criminal sentences, sex crime charges can destroy reputations, affect personal relationships and harm job prospects. With new stiffer laws and registration requirements, sex crime convictions can limit your ability to find housing.
Almost anyone can be accused of a sexual charge, and largely the only evidence may be the accusation itself. A divorce, a casual comment made by a child at school, a relationship between two teenagers, and even clicking on a pornographic web site can all result in sexual criminal charges.
We understand what our clients are going through. We are highly specialized and aggressive defense attorneys.
How We Fight Sex Crime Charges
Our expertise and knowledge in this area is well recognized within the legal community. In fact, sex crimes defense requires very specific defense strategies backed by extensive investigation and trial preparation. This is not an area for a general practice attorney. Experience is everything.
Our approach begins with understanding the exact facts. Timelines are very important. We have the ability to track individuals through their cell phone. We have documented examples of how through our exhaustive investigation we have produced evidence that exonerated our clients without the need for a trial. If a trial is needed, we are ready.
If you or someone you know may be facing sex crime charges, please do not hesitate to call us.
In many Maryland child pornography investigations, police will obtain a search warrant and seize your personal computer. The computer will then be sent to the Maryland State Police crime lab to have the hard drive examined. If child porn images show up on your computer, they can form the basis of a criminal charge. Even images that were inadvertently downloaded and subsequently deleted from your hard drive can be recovered by computer forensic examiners and used to charge you with a crime.
At The Law Offices of Gary H. Gerstenfield, P.C., we are a statewide Maryland criminal defense team that focuses on sex crimes such as child pornography. Our lawyers have earned a statewide reputation for our case results which include many acquittals and dismissals.
The mere possession of child pornography is a serious criminal offense, punishable by prison time and registration as a sex offender. Sharing child pornography, or "kiddie porn," images is a separate and even more serious offense.
Defenses in child pornography case often focus on technical issues. One such defense is whether you possessed the images knowingly. Others could have had access to your computer or hijacked your network and downloaded the images without your knowledge. Such hacking occurs even in places such as a person’s place of employment and even home computers. Prosecutors also have to prove that the image found on your computer was an actual image. Through the use of expert witnesses, our lawyers will bring a high level of technical sophistication to your defense.
Child pornography is illegal under both Maryland and federal law. It is not uncommon to be charged in both state and federal prosecutions. Penalties are harsher and rules of evidence are more favorable to the prosecution in federal court. Our lawyers are experienced in defending these cases in both state and federal court.
The First Amendment does not protect either child pornography or obscenity. Possessing, producing or trafficking in images of actual children engaged in sexual activity is a crime under both state and federal law. Federal law defines anyone under 18 as a child for these purposes. Federal law enforcement agencies are very aggressive hunting down child pornography on the Internet and trying to link it back to people possessing it. Virtually everything you do on the Internet is recorded somewhere; any interaction you have with another person or website can be turned over to law enforcement, or worse yet, might be with an undercover officer). If you receive a call from U.S. Customs (Department of Homeland Security), a U.S. Postal Inspector, or the F.B.I. about your "internet use" it is imperative that you hire a lawyer before you respond.
Typically, the law enforcement officers attempt to obtain a confession and a search warrant before bringing a case to court. Sometimes, these things can be avoided if you obtain sound legal advice early enough in the process.
First time offenders are often shocked by how harsh federal penalties for child pornography offenses are: prison time is the norm, even in cases of mere possession. Cases involving transmission of child pornography -- for example, emailing a single image to an undercover agent -- carry a mandatory minimum five-year sentence in federal prison. In Maryland, lifelong sex offender registration may follow.
People posting child pornography on the internet sometimes embed codes such as the string “R@YGOLD” in their pictures to make them easier to find online.
Finally, child pornography cases require sex offender registration in Maryland. Under a recent case, most people who possess child pornography will be scored a "presumptive risk level" of at least Level Two, which means their name, address, photograph and details of their conviction will be published on the internet for life. However, the same decision suggested that such levels can be reduced in many cases if the offender requests a "downward departure" from the presumptive risk level.
You need an aggressive lawyer familiar with the Maryland Sex Offender Registration Act to fight for this sort of departure.
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