Legal Question in Criminal Law in Texas
Possession of child pornography
Young white male accused of having pictures of child porn on his computer is in need of legal advice. The areas of interest is as follows: getting charges dropped and/or not going to jail and getting ALL computer property back (without the offensive material). I have good reason to believe that the material was put on my computer by the local authorities upset that they could not convict me on a ''harboring a run-a-way'' charge because the D.A. rejected the case. I know what I download from the internet and DO NOT find underage people sexually stimulating. Is there a way to find out thru software when a file was transferred even if the date on the computer was changed to reflect the time of possession? Are there ways of conveying that the ''doctor'' that reviews these cases to determine age simply by means of visual inspection is wrong? This has been the worst experience in my life to be accused of this when I have a 14 year old neice whom I respect. I appreciate any help you might have.
2 Answers from Attorneys
Re: Possession of child pornography
It may be possible to determine when the files were downloaded on your computer, and if the computer was not in your possession at the time, that would be evidence that you were not the one downloading the info. If you go to trial and are found not guilty, then you can recover your property.You need to retain an attorney if you have not already done so.
Re: Possession of child pornography
There are many issues that you raise. To be frank, I doubt that you can get the computer back with the images if they are indeed pics of underage girls. The problem that you have is that the courts view this as a strict liability issue. I would send you for a sexual risk assesmsnt and then argue that you are not a risk and that the images were mistakes at the worst. I would love to talk to you. You can reach me at 512 392 5010.
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