Greenbelt CSAM Defense Lawyers

Attorneys for Child Pornography Charges in Greenbelt, Maryland

Few criminal charges are treated with the same level of seriousness as those involving child pornography. These illegal materials are also known as child sexual abuse material (CSAM). Due to the harmful effects that child pornography can have on children, law enforcement officials will often take harsh actions against people who are suspected of these offenses, and prosecutors will fight to secure convictions and impose harsh penalties.

Cases involving CSAM may begin with an investigation involving federal agencies, and they can lead to charges in the United States District Court for the District of Maryland, with proceedings held at the federal courthouse in Greenbelt. The penalties for a conviction may include a long term of prison time in a federal facility, as well as steep fines, sex offender registration requirements, and other consequences.

Craig M. Kadish & Associates, LLC represents clients in Greenbelt and throughout Maryland who are facing federal CSAM charges or state-level charges. We also work with clients nationwide to address federal crimes and develop effective defense strategies. With extensive experience in cases involving crimes against children and other sex crimes, our lawyers can provide the guidance needed to help clients secure acquittals, have cases dismissed, or advocate for outcomes that will reduce or avoid the most severe penalties.

Federal CSAM Charges in Greenbelt

The federal statutes governing CSAM are primarily found in 18 U.S.C. 2251 and 2252. These laws address:

Possession of CSAM: This offense may apply if a person is accused of knowingly possessing or accessing materials that depict minors under the age of 18 as they are engaging in sexually explicit activities or conduct. Federal law does not specify a minimum sentence for this offense, but the maximum penalty may include up to 10 years in a federal prison.
Receipt or Distribution of CSAM: A person who is accused of sending, sharing, selling, exchanging, or otherwise distributing child pornography to someone else may be charged with this offense. Notably, receiving CSAM that was sent by someone else is an equivalent offense. Distribution of CSAM using the internet or other means of interstate commerce can lead to federal charges. These offenses carry a mandatory minimum of five years in prison and a maximum of 20 years.
Production of CSAM: The use of a child to produce sexually explicit images or videos is the most serious federal CSAM charge, and it is also known as sexual exploitation of a minor. In addition to directly photographing or filming children, this offense may involve coercing, persuading, enticing, or otherwise inducing a child to engage in child pornography production or assist in the production of CSAM. Transportation of a minor for the purpose of producing CSAM may also lead to federal charges if the transportation involved travel throughout multiple states or countries. This is one of the most serious federal offenses, carrying a mandatory minimum of 15 years and up to 30 years in prison. A conviction may also result in a fine as high as $250,000.

How Federal CSAM Cases Differ From State-Level Charges

There are a variety of factors that can make federal CSAM charges more serious, including:

Presumption of Pretrial Detention: Because they may be considered a risk to the community, federal law presumes that defendants who have been accused of CSAM offenses should be held in custody while awaiting trial. Legal representation from an experienced attorney will be needed to fight this presumption and help a defendant secure a release so that they will be able to take the proper steps to develop a strong defense.
Extensive Prosecutorial Resources: Federal prosecutors and agencies such as the FBI and the Department of Homeland Security Investigations use advanced forensic tools and other resources to build cases. Prosecutors will have many options at their disposal, and they will often take the time to build cases and secure convictions. They are also likely to pursue harsh penalties. Guidance and representation from an experienced lawyer will be needed to counter the prosecution's methods, defend against a conviction, and prevent the most serious penalties.
Federal Sentencing Guidelines: In all federal prosecutions, guidelines put in place by the U.S. Congress are used to determine the sentences that will be imposed for defendants who are convicted. In CSAM cases, multiple types of sentence enhancements will often apply, which can lead to longer prison terms that are overly harsh. A defense from a skilled attorney can address these enhancements and advocate for the proper use of the federal guidelines.

Defense for Clients Facing Federal CSAM Charges

At Craig M. Kadish & Associates, LLC, we have an unparalleled level of experience representing clients who have been charged with CSAM offenses in federal courts. We can develop a defense that may involve strategies such as:

Challenging the Evidence: We can examine whether searches, seizures, and forensic investigations were conducted lawfully. If investigators conducted searches without obtaining the proper warrants, or if they questioned a defendant without informing them of their rights, we may take steps to have evidence suppressed. We can also challenge the results of investigations, raising reasonable doubt about whether the information obtained proves a defendant's guilt.
Disputing Intent or Arguing a Lack of Knowledge: CSAM charges generally require a person to have knowingly and intentionally possessed or accessed illicit materials. We may be able to show that a person had no knowledge of the materials they allegedly possessed due to the use of shared devices, or we may show that there was no intent to access CSAM because a person was a victim of hacking or malware.
Contesting Sentencing Enhancements: We can take steps to address the factors used in the federal sentencing guidelines to increase the potential sentence following a conviction. For example, we may argue against an enhancement for using a computer, since this is a factor in virtually every case involving CSAM.
Negotiating With Prosecutors: We will work to reduce the charges against a client whenever possible, helping to prevent a conviction for an offense that would carry harsh penalties. We may also take steps to secure plea agreements that will minimize the potential sentence that may apply following a conviction.

Contact Our Greenbelt, MD Child Pornography Defense Attorneys

Charges related to CSAM can result in harsh penalties when they are prosecuted in federal courts. State-level charges can also be very serious, putting a defendant at risk of being branded a convicted sex offender for many years. At Craig M. Kadish & Associates, LLC, we can provide a strong defense against both federal and state charges. We have the experience needed to help our clients achieve positive results in these cases. Contact our Greenbelt CSAM lawyers at 410-837-0020 and learn more about our services by setting up a free initial consultation.