Maryland Federal Child Pornography Lawyer

Experienced Defense Lawyer for People Charged in Federal Child Pornography/CSAM Matters in Maryland and Throughout the United States

Possession, receipt, distribution, and/or production of child pornography/Child Sexual Abuse Materials (CSAM) are serious criminal offenses that carry the possibility of years of incarceration in the Federal Bureau of Prisons. It is also important to understand that all federal child pornography/CSAM matters are considered "presumption" cases. 18 U.S.C. Section 3142(e)(3)(E) provides that an individual defendant who is charged in a case involving child pornography is presumed to be such a great risk to the community, even in simple possession cases, that they should be held in federal detention pending trial. This presumption may be rebutted; however, to do so requires an attorney who has handled these types of matters in the past and understands the subtle nuances required to obtain pretrial release in this type of matter.

In other words, if you are charged in a federal child pornography case, a federal magistrate will start with the assumption that you should not be released, even though you are technically presumed innocent. It is through decades of experience in handling these types of matters that we at Craig M. Kadish & Associates, LLC have developed strategies for our clients to employ, AFTER THEIR DEVICES ARE SEIZED BUT BEFORE THEY ARE CHARGED, to give them the best possible chance to be released pending trial. If your devices have been seized, we will meet with you immediately, often the same day, to review your options and provide you with advice so that if you are charged, you will have the best chance of being released while you await trial.

Federal Child Pornography Possession Charges

The offense of possession of child pornography is governed by 18 U.S.C. Section 2252. If you are accused of possessing any visual depictions of a minor engaging in sexually explicit conduct, you could be charged with this offense. While there is no mandatory minimum sentence for federal child pornography/CSAM possession charges, the United States Sentencing Guidelines (U.S.S.G.) are used by judges in these cases, and sentence enhancements will apply in many cases. A guideline sentence could lead to incarceration for as much as eight to 10 years. At Craig M. Kadish & Associates, LLC, we will work to reduce the potential sentences that our clients may face. Due to our knowledge of the sentencing guidelines and our experience in these cases, we have helped numerous clients obtain sentences that are far below what the guidelines would recommend.

Federal Child Pornography Receipt and Distribution Charges

18 U.S.C. Section 2252 also addresses the receipt and distribution of child pornography/CSAM. Distribution may include posting images or videos online, as well as sharing physical photographs or films with others. Receipt of CSAM may involve downloading materials to a computer or other device or otherwise obtaining child pornography. Distribution or receipt of CSAM carries a mandatory minimum sentence of five years. As with charges of possession of CSAM, Craig M. Kadish & Associates, LLC can help determine the ideal defense strategies while advocating for sentences that are below what would be recommended by the United States Sentencing Guidelines.

Federal Child Pornography Production Charges

Under 18 U.S.C. Section 2251, it is illegal for anyone to entice, coerce, induce, employ, persuade, or otherwise use a minor to engage in sexually explicit conduct for the purpose of creating Child Sexual Abuse Materials. Charges of production of child pornography may involve accusations of photographing or filming minors who are engaging in sexual acts. Transporting a minor in interstate or foreign commerce for the purpose of producing child pornography or having a minor assist someone else in explicit conduct with the purpose of producing a visual depiction of that conduct may also be considered production of CSAM.

Federal charges of child pornography production carry harsher penalties than those that would apply for a conviction of possession, receipt, or distribution of CSAM. A first offense carries a mandatory minimum sentence of 15 years in the Federal Bureau of Prisons. The maximum sentence is 30 years for each count of production of child pornography. The maximum fine in these cases is $250,000. For a second or subsequent offense, the potential penalties increase significantly. Legal representation in these cases is crucial. Craig M. Kadish & Associates, LLC can help defendants respond to accusations, defend against convictions, and minimize the potential sentences that they may face.

Meet With Our Federal Child Pornography Defense Lawyer

If you are under investigation for federal charges involving Child Sexual Abuse Materials, do not wait to get in contact with an attorney. At Craig M. Kadish & Associates, LLC, our sex crimes defense lawyers can protect your rights in these high-stakes cases. We will help you take steps to achieve the best possible outcome given the circumstances of your case. To schedule a free initial consultation with our firm, call our offices at 410-837-0020 or contact us online.