45+ Years Criminal Defense
Experience in California
Being arrested on child pornography charges in Southern California can seem like it’s the end of your life. The stigma that an arrest for child pornography comes with often leads people to assume a person is guilty before the accused even has a chance to defend themselves. Even though you may feel like your life has been ruined please do not jump to negative conclusions until you speak to our law firm. The child pornography criminal defense attorneys at Wallin & Klarich have been successfully representing people charged with child pornography throughout California for over 40+ years. We are here to help you and will fight hard to protect your legal rights.
California law defines "child pornography" as any images, videos, data, computer files, or any other media that depict anyone under the age of 18 engaged in a sexual act. The creation, possession, or distribution of child pornography is illegal. It is considered a crime in California to commit any of the following acts:
The penalties for violation of California’s child pornography laws can be quite severe. Not only will you face the possible loss of your job, your marital or family relationships, but you could also face significant jail or prison time. Child pornography cases can be charged as either a felony or misdemeanor based upon the specific facts of the case. The following are the potential sentences you could face:
Hiring a highly experienced Southern California child pornography lawyer is the most important decision you can make when faced with a crime of this nature. The skilled and knowledgeable child pornography defense team at Wallin & Klarich could be the difference between you or a loved one spending a lengthy prison or jail sentence or avoiding any or all of the possible consequences of a child pornography conviction. With over 40+ years of experience, we are well versed in the possible defenses to a child pornography charge. Some common defenses we may raise, depending on the facts of your case, are:
The experienced Southern California defense attorneys at Wallin and Klarich may be able to show that you did not know the person in the picture or video was a minor. The strength of this defense rests on the fact that it is the prosecutor's burden to prove beyond a reasonable doubt that the age of the minor was below 18 years of age. This line of defense has proven to be a strong tool in the hands of a Wallin and Klarich attorney and has helped us secure the best possible outcome for many of our prior clients.
Entrapment can be defined as “the action of tricking someone into committing a crime in order to secure their prosecution”. If the police engaged in entrapment and enticed you to possess child pornography, this would be a violation of your rights and would likely necessitate the charges being dismissed.
In many child pornography cases, a successful defense can be that the prosecutor failed to prove that the accused “possessed” the pornographic material. In some cases, we have been able to show that the accused was not actually the person in possession of child pornography. In some cases, it can be demonstrated that many people had access to the area where the pornography was found, and thus the burden of proof would fall on the prosecution to prove beyond a reasonable doubt that you were, in fact, the one in possession of the pornographic material.
In many child pornography cases, the police violate a person's constitutional rights by searching their person or property without a warrant or probable cause. In some cases, we may be able to show the court that our client's constitutional rights were violated. If the court grants our motion to suppress the evidence due to unlawful police conduct then the charges may be completely dismissed and you may go free. Although you may not think your rights were violated, the fact remains that there is a multitude of things that the authorities are not allowed to do, despite what they tell you, which are commonly violated. Contact us immediately if you think there is any chance that your rights were violated at any point during your arrest. Call toll-free at (888) 749-0034 for a free consultation. We will be here when you call.
When you hire Wallin & Klarich to defend you against child pornography charges, you are hiring an extremely experienced team of lawyers with a history of success.
With over 40 years of experience successfully battling the prosecutors in child pornography cases, we know all of the potential defenses to a child pornography charge. We have handled hundreds of child pornography cases throughout Orange County, Riverside, San Bernardino, San Diego, and Los Angeles County, along with many other California courts. It is vitally important when you are facing a serious charge such as child pornography to have a law firm with a high degree of knowledge of the court procedures and nuances that come along with such a complex charge. At Wallin and Klarich we believe that every client deserves to be “heard” and to have a law firm fighting for them. Hiring a Wallin & Klarich attorney means we will be there to answer your questions when you call. We will always keep you informed through all steps of your case.
Before hiring a lawyer when you are facing child pornography charges you will want to make certain you check out the prior successful results our law firm has achieved in similar cases. These cases are just a few of the many child pornography cases we have successfully defended. Check out some of our success stories here:
I received a letter in the mail from the District Attorney’s office informing me that I was being charged with sexual battery against a woman I was seeing. Needless to say I was distraught over the entire ordeal. Here I was facing a year in jail and if convicted, I would have to register as a sex ...
I was devastated when police served a search warrant at my home and seized my computers and arrested me for a felony sex crime. I found the law offices of Wallin & Klarich on the internet and immediately made an appointment to meet with my attorney. My attorney listened to my side of the story a...
Stephen Klarich was successful in obtaining an internet exclusion for me (the removal of my picture and personal information from the sex offender website). My name and face was plastered all over the internet for everyone to see causing great havoc in my life I was asked to leave jobs, stores, rest...
The bottom line is that child pornography charges can have a devasting effect on your life. You will only have one chance to do all you can to defend yourself from child pornography charges. You will want a team of dedicated Southern California criminal defense attorneys on your side that will fight for your rights and turn over every stone in order to keep your liberty and freedom safe.
Contact us online or call us toll-free today at (877) 4NO-JAIL for a free phone consultation. When you call, be prepared to share the facts of your case and/or any information that you think may be useful in obtaining the best outcome possible for your case. When it matters most, call Wallin & Klarich -- we will be there when you call.
Yes, our child pornography attorneys have experienced many cases like this. The fact that you share your computer could be a valid legal defense for your attorney to use in your case. If you share a computer or electronic device with someone, it can be difficult for the prosecution to prove that you had knowledge that the computer you possessed pornographic material.<br> This could also be the case if you purchased a used electronic device. To protect yourself, clean the hard drive of any computer or electronic device you purchase and clear any cookies before borrowing someone’s computer.
Generally, the police need a warrant to search your electronic devices, although there are circumstances where they can search your devices without a warrant. If police request your consent to search your computer, you should respectfully refuse to provide consent. Contact our law firm immediately if you believe you were subjected to an illegal search and seizure.
One of the valid legal defenses to child pornography crimes is that the material you viewed has artistic value. So, if you were watching a film about a relationship between two young people and there is an explicit scene, your lawyer would have a valid legal defense to child pornography charges.
A 2002 Supreme Court ruling set a precedent that you cannot be convicted of a child pornography crime if the images did not actually depict minors in explicit poses or sexual acts but were altered to appear that way. So, for instance, if you see an image that shows the face of a celebrity under the age of 18 edited to appear on the nude body of a woman who is over the age of 18, you may have a valid legal defense to child pornography charges.
Yes, minors can be charged with child pornography crimes for sexting. Technology has made it easier than ever to send and receive nude or explicit images. Unfortunately, it is not uncommon among high school students to become involved in such activity without realizing the potential consequences.
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