Silver Spring, Maryland Child Pornography Crimes Defense Lawyers

Attorneys Helping Clients Defend Against Charges of CSAM Possession or Distribution in Silver Spring, MD

Sexually explicit materials that depict minors are commonly known as child pornography, but more and more often, they are being referred to as child sexual abuse materials or CSAM. People who are accused of possessing these materials may face serious criminal charges. If a case involves allegations that a person has distributed CSAM to other people or has been involved in the production of CSAM, the charges will be even more serious. When defending against accusations of sex crimes involving children, the assistance of a skilled and experienced attorney is essential.

At Craig M. Kadish & Associates, LLC, we work with people in Silver Spring who have been charged with offenses related to CSAM. We have extensive experience in both state and federal cases, and we know what defense strategies are most likely to be effective. In fact, we regularly provide education for other attorneys on how to handle these matters. With our many successes and our ability to handle serious charges involving CSAM, we can provide the representation needed to protect our clients' rights and defend against convictions.

Federal Prosecution of CSAM Cases

Depending on the circumstances of a case, criminal charges may be prosecuted at the state or federal level. In general, federal criminal cases involve crimes that affected people in multiple states or activities that crossed state lines or international borders. Violations of federal laws, which include prohibitions against child pornography, may also result in federal prosecution. In many cases, federal CSAM charges may apply in cases where:

• Materials classified as CSAM were allegedly transmitted or received using the internet.
• CSAM was allegedly transported or distributed across state lines or international borders.
• Children were allegedly transported through multiple states or across international borders for the purpose of creating CSAM.
• Child pornography cases were investigated by federal agencies like the Department of Homeland Security or the FBI.
• A case involves a large volume of images or videos or a person is accused of participating in organized distribution networks.

One of the most serious issues affecting people who are charged with federal CSAM offenses is the presumption of detention. Following allegations of child pornography offenses, a person will be considered a risk to public safety, and the law presumes that they should remain in custody while waiting for a trial to be held. The attorneys at Craig M. Kadish & Associates, LLC can rebut this presumption. We will take steps to demonstrate that a client is not a danger to the community and that they will comply with court requirements, such as home confinement, electronic monitoring, or supervised release.

Federal CSAM Possession Charges

Under 18 U.S.C. Section 2252, a person may face federal charges based on accusations of possessing CSAM. These allegations may involve claims that a person downloaded sexually explicit images or videos featuring minors younger than 18 years old using a computer or mobile device or otherwise accessed, obtained, or stored CSAM.

A conviction for CSAM possession in federal court may lead to a sentence of up to 10 years in prison. There is no minimum sentence that is required in these cases, but judges will often impose harsh sentences that are close to the maximum. When doing so, they will use the United States Sentencing Guidelines (U.S.S.G.), which provide recommendations for appropriate sentences based on the circumstances involved in a case. The federal guidelines include enhancements that may lead judges to increase sentences, including:

• The number of images or videos
• Depictions of children younger than 12 years old
• A person's use of digital technology to access CSAM

Defending against the enhancements that may lead to lengthy sentences requires the assistance of an experienced attorney. We understand how the federal guidelines are applied in CSAM possession cases, and we will work to limit the use of enhancements that could lead to overly long sentences. With our help, our clients have received sentences far below the typical guideline recommendations.

Federal Charges for Receiving, Distributing, or Producing CSAM

Federal law also addresses other offenses related to child pornography, including:

• Receiving or Distributing CSAM: These offenses may apply when a person is accused of sharing, transmitting, or receiving CSAM via the internet or other means. Examples may include posting CSAM online, emailing CSAM to another person, or sharing videos on file-sharing networks. For people who are convicted of these offenses, mandatory minimum sentences start at five years and can go up to 20 years.
• Producing CSAM: This charge may apply when someone is accused of using, persuading, coercing, or otherwise causing a minor to engage in sexual conduct for the purpose of recording or photographing it. CSAM production charges carry a mandatory minimum of 15 years in prison, up to a maximum of 30 years.

State-Level CSAM Charges in Maryland

In certain cases, state law enforcement officials may pursue charges against a person who has been accused of a CSAM offense. Maryland law defines child pornography as visual materials depicting children under the age of 16 who are involved in sexual conduct. The specific charges related to CSAM that may be prosecuted in state courts include:

• Child Pornography Possession: The penalties for these offenses include a maximum of five years in prison, and separate sentences may apply for each individual count of CSAM possession.
• Child Pornography Distribution, Promotion, or Production: The penalties for these offenses may include a maximum of 10 years in prison per count.

The penalties can add up quickly when multiple counts are charged. In most cases, a conviction will require a person to register as a sex offender, which will lead to long-term obligations and restrictions on where a person may live and work.

Legal Help in CSAM Cases

Defending against CSAM charges requires a strong understanding of federal and state law and experience building successful defense strategies. At Craig M. Kadish & Associates, LLC, we can assist with these cases and provide a strong defense through:

• Protection of our clients' rights from the outset of an investigation
• Aggressive representation in federal and state courts
• Arguing for pretrial release in federal cases
• Reviewing and challenging forensic evidence
• Disputing our client's knowledge of CSAM or their intent to access and retain child pornography
• Challenging the legality of searches performed by law enforcement and suppressing evidence that was obtained through unlawful searches
• Negotiating with prosecutors to reduce charges or penalties when possible

Contact Our Silver Spring CSAM Charges Defense Attorneys

If you have learned that you are under investigation for a CSAM offense, or if you are facing charges related to the possession or distribution of CSAM, Craig M. Kadish & Associates, LLC is ready to assist with your case. We have extensive experience defending clients against both state and federal crimes, and we will work closely with you to develop an effective defense strategy. Contact our Silver Spring, MD child pornography lawyers and set up a free, confidential consultation by calling our office at 410-837-0020.