San Diego Pornography Defense Lawyers
Pornography Charges in San Diego?
Click to Contact a San Diego Criminal Defense Lawyer.
Even though it may appear that modern society has rather loose moral opinions, there are certain standards and guidelines that keep people from crossing too many boundaries. Unfortunately, few people realize what they are enjoying may be considered pornographic until the police slap the handcuffs on them and are carted off to jail.
This confusion has led to far too many innocent people to discover they need legal counsel to protect themselves and their rights. Different municipalities define pornography differently, and San Diego is no different. There are, however, countrywide definitions of pornography that apply equally everywhere. The Supreme Court defines pornography is all sexually explicit material intended primarily to arouse the reader, viewer, or listener.
There are both federal and California laws that deal with the crime of pornography and many of them can be very complex and very strict because the government has put the issue of child pornography and exploitation at the top of its list of important prosecutions. There are also, in this computer age, many people who have become enmeshed in the prosecutorial net and many of these entanglements involve material that was found on computers. Keep in mind that almost nothing can be lost on your computer and just the fact that you have brought one to a repair shop can expose you to an investigation because computer technicians are legally required to report any child pornography that they find in the machine.
This may or may not be material that you have downloaded or has been downloaded by someone else who has used your computer or owned it before you bought it. A technician, of course, is not an expert on pornography and may or may not be passing on material that could be criminally actionable and may have made mistakes in documenting this material. The government also has enormous resources at their disposal with forensic specialists who are designated to investigate such cases. Our defense lawyers have handled many such cases and are well experienced in what are called discovery issues, or defined requirements that must be followed in the collection of evidence. In many pornography cases the evidence was improperly collected and analyzed. Other factors considered by our team is who might have placed the material on the computer and how it was placed there, as well as how many persons might have had access to the computer.
Be aware that you need the best legal representations at the earliest stages of criminal investigations of pornography because of the priority the government has attached to this issue and the resources they have massed to conduct and prosecute such investigations. For instance, the Department of Justice created a Child Exploitation and Obscenity Section task force in 2004 that is designated to target pornography on the Internet, cable television and at adult bookstores. Federal, state, county and municipal law enforcement also frequently participate in multi-agency investigations in which they utilize the resources of each agency against both individual defendants and those who may be charged as being part of a conspiracy. Whether you have actually been involved in pornography or are an individual who has become a target because of material found on your computer you can take advantage of our team of lawyers by calling as soon as possible for a free consultation.
Defining pornography is extremely difficult as opinions vary about this nebulous and subjective issue. In order to offer law enforcement officials guidelines on what can be deemed pornographic, the Supreme Court broke down material into four categories that are usually deemed illegal. Material is considered pornography if it includes:
- Indecency
- Material harmful to minors
- Obscenity
- Child pornography
Our lawyers appreciate the fact that if you are charged with a pornography offense, you desire discretion throughout your experience. We are ready to help you through this difficult period, and get you the justice you deserve.
If you have been charged with Pornography in Southern California, contact the San Diego Criminal Defense Lawyers at Steigerwalt Law Firm to discuss your case with them today!
Our Recent Case Results
Charge:
Multiple sex offenses by nationally known sports coach
Result:
Probation
Charge:
Commercial Arson
Result:
Dismissed at preliminary hearing.
Charge:
Gross vehicular manslaughter, while intoxicated
Result:
Probation, with work furlough placement
Charge:
Fugitive warrant, multiple out-of-state fraud charges
Result:
Dismissed after making restitution
