All criminal offenses have direct and collateral consequences. For example, most fraud cases have severe professional consequences for most people. The collateral consequences of a sex crime conviction are infinitely worse. These offenders must add their names to a database. In many cases, sexual registration is public and permanent. These records make it difficult or impossible to do many things that most people take for granted, like get a good job or find a nice place to live.
Because so much is at stake, you need a diligent Orlando internet sex crimes lawyer from the O’Mara Law Group on your side. We quickly and thoroughly evaluate your case, so we can identify all possible defenses. Then, we use these defenses on your behalf, in the courtroom and during pretrial settlement negotiations. Our goal is always to obtain the best possible result under the circumstances. We aren’t satisfied with anything less, because neither are you.
Possible Internet Sex Crimes
Possession or production of illegal pornography and solicitation of a minor are the most common internet sex crimes in Orange County.
An image on a computer does not establish “possession” in criminal court. The state must also prove the defendant knew about the image. Frequently, the picture goes into a spam email filter, the image is a thumbnail that’s hard to make out, or the defendant didn’t view the illegal portion of a video.
Usually, production of pornography is asking a minor, or a person the defendant believes is a minor, for an illegal picture. It could also be illegal to send a graphic photo or video to a minor or purported minor.
Technically, solicitation of a minor is not exclusively an internet crime. The defendant must also take a physical step toward meeting. In some jurisdictions and situations, that “step” could be something as simple as walking out the front door.
An Orlando internet sex crimes lawyer can use procedural and substantive defenses in these situations.
Procedural defenses usually involve the Fourth Amendment’s warrant requirement. Under current law, police officers must have search warrants before they eavesdrop on people electronically. They must also have search warrants before they look at a smartphone’s contents. These warrants must be based on probable cause, and prosecutors cannot work backwards. They cannot argue that since they found what they were looking for, the warrant must have been valid.
Fifth Amendment protections come up a lot as well. The right to remain silent goes beyond verbal silence. It also extends to physical silence. Defendants need not pose for pictures, appear in lineups, or do anything else. Furthermore, officers must inform defendants of their Constitutional rights very early in the arrest process.
Substantively, the entrapment defense sometimes applies. But it’s not as broad as many people think it is.
Entrapment applies if officers induce a defendant to commit a crime that s/he has no predisposition to commit. Officers can say or do pretty much anything to entice a defendant to commit a crime. They can even lie, although lies obviously affect their credibility as witnesses. However, they cannot do anything illegal themselves. As for no predisposition, if Tony is in a sex chat room, he has some predisposition, albeit very little, to commit a sex crime.
Contact a Hard-Working Orange County Lawyer
Criminal accusations do not necessarily lead to criminal convictions. For a confidential consultation with an experienced internet sex crimes attorney in Orlando, contact the O’Mara Law Group, Attorneys at Law. We routinely handle matters throughout the Sunshine State.
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