If you’ve been accused of a computer sex crime, you need a child pornography lawyer.

Child pornography is a serious offense with harsh penalties. Most people accused of crimes related to child porn end up in their situation for one of two reasons:

• They intentionally sought out the material
• They unintentionally came into contact with it

But did you know there’s another way you could face accusations of a crime related to this type of content that occurs partially on purpose and partially unintentionally?

This is the case when someone is underage or involved in a legal relationship with someone under the age of consent but illegally sends or receives pornographic images.

What should young people know about dating and child pornography laws?

What is Child Pornography?

Child pornography is defined as any visual depiction of a minor under the age of 18 engaged in sexual activity or nudity. This includes:

• Real images
• Photos
• Computer-generated images
• Drawings

Possession of Child Pornography

It is a crime to possess, receive, or distribute child pornography. Even if you did not create the images, simply possessing it can result in serious criminal charges. Possessing just one image of child pornography can lead to 20 years in prison.

Charges can arise for a variety of reasons.

For example, you download images from the internet onto your computer. Or you share images of child pornography with someone else. Or you receive images directly from someone.

This is the case whether or not your interaction with the subject of the material is legal or not. You could be a 16-year-old dating another 16-year-old. It could be illegal for the two of you to share illicit images, even if it’s consensual.

Defenses

If you are facing child pornography charges, several potential defenses may apply to your case.

For example, if you did not know that the person in the images was under 18 years old, you could use that as a defense.

Additionally, if you were entrapped by law enforcement officers posing as minors online, you may also have a defense to the charges.

An experienced criminal defense attorney can help evaluate your case and determine which defenses may apply.

Child pornography is a serious offense with harsh penalties. If you are facing child pornography charges, it is important to understand the laws and possible defenses. An experienced criminal defense attorney can help you navigate the criminal justice system. They’ll fight for the best possible outcome in your case.

If you or your child has been accused of a crime related to illegal pornography, you need an experienced child pornography lawyer. Contact David Lindsey for a free consultation.

Is your child on the spectrum and been accused of a crime? Children with autism benefit from a variety of different laws created to protect them. Your child’s diagnosis also plays a role in his or her defense. How does the law protect people with autism?

Here’s what you need to know.

What is Autism?

The medical community has a better understanding of autism now than it ever has. But to many people, it’s still a mystery. This misunderstanding often leads to issues in school, work, and other places.

Autism is a neurodevelopmental disorder. It impairs social development and results in communication challenges. Many autistic people engage in repetitive behavior.

The term “autistic” covers a variety of issues, including other disorders, such as pervasive development disorder and Asperger’s syndrome. An autistic person can be very highly intelligent, but they might also have moderate or low intelligence.

What Happens When Autism Plays a Role in a Crime?

There are many laws in place that protect people on the autism spectrum. Many of these laws prevent schools from limiting the movement or secluding people with autism. Low-functioning people diagnosed with autism might qualify for Supplemental Security Income or Social Security Disability Insurance.

But what happens if a person’s autism plays a role in their being accused of committing a crime?

Is it possible to use an autism diagnosis as a defense against criminal charges?

The simplest answer is “maybe.”

Developmental Disabilities and the Court System

Developmental disability is rarely a successful defense. To use it, there should be a mental health evaluation. This ensures that a defendant has at least one professional opinion to back up their claim.

However, even with an evaluation, these are complicated defenses. Mental health is not an exact science. There are many varying opinions on mental health issues, including autism. Human behavior is complicated. Opinions vary based on the information the medical community has regarding autism.

Additionally, the justice system is based on people having a rational understanding of the system and making voluntary choices. People with intellectual disabilities might not understand legal proceedings and might be incapable of making well-reasoned choices.

Finally, the justice system doesn’t have a great track record of dealing with cases in which a defendant has a developmental disability. Case law is inconsistent and for many, successfully arguing a case results in the defendant dealing with a worse fate than had they not used a defense based on autism.

This doesn’t mean people on the spectrum accused of a crime have no hope. A person’s ability to understand the effect of his or her actions is an important part of a legal defense. But claiming someone is not responsible for their behavior solely based on having autism is not as black-and-white as it seems.

How Does the Law Protect People with Autism?

If you or your child has been accused of a crime and autism is a factor, I can help. I’ve worked with clients on the spectrum and I understand the complexities of building a successful defense. If you’d like to discuss your situation or you need an experienced attorney to help you with your circumstances, contact David Lindsey to schedule a free consultation.

If you or someone you care about has been accused of date rape, you need to speak to an attorney. Guilty or not, your situation is serious.

Even if criminal charges are not filed against you or you are not convicted, being accused of date rape can ruin your life. Innocent people accused of things they did not do end up losing friends, dealing with professional issues, and experiencing problems with family members. If you believe someone is going to accuse you of date rape or already has, you need to contact an attorney who has experience dealing with sex crimes.

What is Date Rape?

Date rape occurs when sexual assault takes place within casual relationships that are not yet committed or domestically linked. The term date rape is also used when drugs are involved in sexual assault.

Date rape is not an official legal term. You cannot officially face charges of date rape. Instead, you’ll face charges of sexual assault. It is illegal to have sex with anyone who is unaware or unconscious or who did not consent to the activity. It is also illegal to have sex with someone conscious, but not capable of controlling their conduct.

Anyone convicted of sexual assault faces serious charges, including lengthy prison sentences. There is also a mandatory requirement to register as a sex offender. Additionally, the court might order fines, restitution, community service, or probation or parole.

These are just the “official” consequences. People accused of date rape face a variety of other long-term issues. If you have a professional license or work in an industry that views sexual assault allegations as a potential liability, you face career issues. People have lost their jobs after facing accusations of date rape.

Accusations of date rape also affect personal relationships. Many of these cases boil down to “he said – she said” cases. It’s your word against your accuser’s. This makes it difficult for friends to understand or trust the details of the situation and many choose to abandon the relationship. Others side with the accuser regardless of whether they are telling the truth.

What Happens If You are Falsely Accused of Date Rape?

Ideally, you’ll avoid situations that can lead to accusations of date rape.

Refrain from sexual activity when you or anyone else involved is under the influence of alcohol or drugs. Avoid spending time alone with intoxicated people or when intoxicated. Plan dates in public locations until you know the person well.

If you engage in sexual activity with someone, do whatever is necessary to prove consent beforehand. It might seem over-the-top or unromantic to build a paper trail before engaging in sexual activity, but it’s important to protect yourself.

Sadly, some people levy false allegations of sexual assault against people they know. This happens for many different reasons. False allegations grow out of misunderstandings, hard feelings, or regrets. Some false allegations are downright vindictive. Regardless of why you were falsely accused, you need to seek legal support quickly.

To convict you of sexual assault or date rape, the prosecutor needs to prove non-consensual sexual contact occurred between non-married people with or without fraud, force, or threat

Unfortunately, this sounds more difficult than it is. Much of the “proof” comes down to what the victim says. Right from the start, those accused of sexual assault are at a disadvantage. The importance of protecting anyone truly assaulted has taken precedence over the non-guilty facing accusations. Those falsely accused suffer because of that. False accusers make things more difficult for true victims. Society has been forced to adjust its approach to ensure true victims receive protection.

What Should You Do If Accused?

Date rape allegations are serious, but that doesn’t mean your life is over if you are accused.

Contacting a criminal defense attorney experienced in sex crimes means someone will examine the facts of the case and uncover details that could help your defense.

For more information or to schedule a consultation, contact David Lindsey.

A New Jersey Supreme Court ruling is expected to have a far-reaching impact on the way a criminal case is tried in this country, and may also have a big impact on preparing to defend a case. The court has called into question the way in which traditional eyewitness identification procedures have been used in trial. Citing decades of research that proves those methods have flaws and can result in the imprisonment of innocent people, the court has called for the rules to be reworked.

New guidelines would make it easier for defendants to challenge witness evidence in criminal cases, and would impose consequences on investigators who pressure witnesses to make flawed identifications. The process of witness identification would be videotaped so that the defense attorney could review it in preparing to defend a case, and the court could examine it for errors in procedure.

The Denver Police Department has already adopted new measures similar to those outlined by New Jersey Court, such as requiring that someone not directly involved in the case and therefore unfamiliar with the suspects conduct lineups. The Aurora Police Department, however, has not instituted any new procedures, since there has been no state mandate to do so.

Other courts are expected to take up the issue, and the United States Supreme Court is set to hear arguments on the identification question in November, for the first time since 1977.