Distribution of Child Pornography

Defending Against Distribution of Child Pornography Charges in New Jersey

Facing charges for the distribution of child pornography is a grave and daunting experience. In Monmouth County, as well as Mercer, Ocean, and Middlesex Counties, the legal system imposes severe penalties for such offenses. Attorney Tara Breslow-Testa understands the profound impact these charges can have on your life, and is committed to providing a robust defense to protect your rights and future.

Understanding the Legal Framework in New Jersey

In New Jersey, the distribution of child pornography is classified as a second-degree crime. This encompasses actions such as selling, giving, providing, or disseminating explicit materials involving minors. A conviction can result in a prison sentence ranging from 5 to 10 years and fines up to $250,000. Additionally, individuals convicted of this offense are often required to register as sex offenders under Megan’s Law, leading to long-term societal and personal repercussions.

Federal vs. State Charges

It is important to understand that child pornography cases can be prosecuted at both the state and federal levels. Federal charges often carry even more severe penalties, including mandatory minimum sentences, due to stringent federal guidelines. The U.S. Department of Justice and agencies such as the FBI actively investigate these offenses, often working in conjunction with local law enforcement. Having an attorney experienced in both state and federal court is essential in these complex cases.

Potential Defenses and Legal Strategies

Mounting an effective defense against distribution charges requires a comprehensive understanding of both state and federal laws, as well as the specific circumstances surrounding each case. Possible defense strategies may include:

• Lack of Knowledge: Demonstrating that the accused was unaware of the presence of illicit material, especially in cases involving shared devices, malware, or hacked accounts.
• Unlawful Search and Seizure: Challenging the methods used by law enforcement to obtain evidence, ensuring that constitutional rights were not violated during the investigation. A flawed search warrant or improper handling of digital evidence can render evidence inadmissible.
• Absence of Intent: Establishing that there was no deliberate intent to distribute the material, which can be crucial in cases where files were unknowingly shared due to auto-syncing applications or peer-to-peer (P2P) software.
• Mistaken Identity: Proving that the accused was not responsible for the offense, particularly in cases of identity theft or unauthorized use of an IP address.

Each case is unique, and developing a tailored defense strategy is essential. At our law firm, we conduct thorough investigations, scrutinize evidence, and consult with experts to build a compelling defense on your behalf.

Key Case Law in New Jersey

Several legal precedents have shaped the prosecution and defense of child pornography cases in New Jersey:

• State v. Pomianek, 221 N.J. 66 (2015) – This case reaffirmed the importance of intent in criminal convictions. If an individual lacked intent to distribute illicit materials, it could serve as a strong defense.
• State v. Evers, 175 N.J. 355 (2003) – Addressed the necessity of clear evidence proving knowing possession and distribution of illicit material.
• United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016) – While a federal case, this decision is significant as it questioned the legality of warrantless searches by online service providers, which could be challenged in state cases as well.

Understanding these cases and their implications allows for the construction of a solid legal defense tailored to the specifics of each case.

The Importance of Early Legal Intervention

If you are under investigation or have been charged with the distribution of child pornography, seeking legal counsel promptly is critical. Early intervention allows for the preservation of evidence, identification of procedural errors, and the opportunity to negotiate with prosecutors before formal charges are filed.

Hiring an experienced attorney early in the process may also provide options for alternative resolutions, such as pretrial diversion programs or plea negotiations, which could result in reduced charges or mitigated sentencing.

Why Choose Tara Breslow-Testa

Tara Breslow-Testa is an experienced New Jersey criminal defense attorney dedicated to defending individuals facing distribution of child pornography charges in Monmouth, Mercer, Ocean, and Middlesex Counties. With decades of legal experience, she provides a strategic, personalized defense to protect her clients’ rights and future.

Tara understands that these charges carry severe consequences, including potential prison time, hefty fines, and mandatory sex offender registration under Megan’s Law. She works diligently to challenge the prosecution’s evidence, ensuring that law enforcement adhered to constitutional protections against unlawful search and seizure. If evidence was obtained improperly, she will fight to have it excluded from the case.

Her legal strategies are tried and proven. Digital forensics play a crucial role in these cases, and Tara collaborates with experts to analyze computer data and online activity to uncover weaknesses in the prosecution’s case. She also examines whether her clients were unknowingly involved due to malware, hacking, or peer-to-peer software automatically sharing files.

Tara Breslow-Testa believes in early intervention and proactive defense. She negotiates with prosecutors to explore alternative resolutions, such as pretrial diversion programs or reduced charges, when applicable. Her familiarity with the local court systems in Monmouth and surrounding counties gives her an advantage in seeking favorable outcomes for her clients.

If you are facing these serious charges, Attorney Tara Breslow-Testa can provide the skilled representation you need. Contact her at (732) 784-2880 to schedule a confidential consultation.

Personalized Representation

Every case is different, and a one-size-fits-all approach is not effective in criminal defense. We take the time to understand the nuances of each distribution of child pornography case, working closely with forensic experts, digital analysts, and investigators to uncover the facts that can make a difference in your defense.

Protection Against Long-Term Consequences

Beyond imprisonment and fines, a conviction for distributing child pornography can have life-altering consequences, including:

• Megan’s Law Registration: Being listed as a registered sex offender can restrict housing, employment, and personal relationships.
• Parole Supervision for Life (PSL): Many individuals convicted of these offenses are placed under PSL, which includes strict conditions and monitoring.
• Reputational Damage: These charges can tarnish reputations, making it difficult to maintain social and professional relationships.

Our goal is to minimize these consequences, protect your future, and ensure that you receive fair treatment under the law.

Contact Us for a Confidential Consultation

Facing distribution of child pornography charges is an overwhelming experience, but you do not have to navigate it alone. Our firm is here to provide the skilled legal representation you need during this challenging time.

Contact us today at (732) 784-2880 to schedule a confidential consultation. Let us help you protect your rights and work towards the best possible outcome for your case.