CHILD PORNOGRAPHY CHARGES AND DEFENSE IN WALDORF
It is illegal to access, acquire, distribute, or create child pornography. Child pornography refers to images of minors under the age of 18 engaging in sexual conduct in movies, pictures, textual materials, audio recordings, and drawings. The Criminal Code states that it can also contain material that encourages or counsels sexual conduct with a person under the age of eighteen, which is an offense under the Criminal Code. In such cases, a White Collar Criminal Lawyer is required. The Criminal Code defines four criminal offenses for child pornography:
Accessing Child Pornography
Accessing child pornography implies that you intentionally cause child pornography to be seen or sent to yourself.
Possession of Child Pornography
This offense demands that you have child pornography materials in your possession and control. To be charged with possession, you do not need to have viewed the child pornography; all you need to do is have the items in your hands and be aware of them.
Distribution of Child Pornography
It is illegal to transmit, make accessible, distribute, sell, promote, import, export, or possess any child pornography with the intent to transmit, make available, distribute, sell, advertise, or export it. This includes assisting someone else in accessing child pornography, whether by giving them a link online or selling them child pornography content.
Making Child Pornography
It is a crime to create, print, publish, or possess child pornography with the intent to publish it. This encompasses photography, videography, visual representations, and even writing.
Arrest and Bail Procedures for Child Pornography Allegations in Waldorf
When you’re arrested, authorities must inform you of your right to counsel. This privilege permits you to talk with and hire a Child Pornography Lawyer after being arrested. It is usually a good idea to utilize this privilege and seek legal guidance before speaking with the police.
Depending on the specifics of the offense and your particular circumstances (for example, if you have a criminal record), you may be released immediately by police or kept until a bail hearing. The police have many release procedures in place, all of which require you to appear in court on the designated day. If you are released by the police, you will most likely be subjected to terms as part of an undertaking. These limitations may include prohibitions on contacting the victim(s) or attending a certain area.
The Crown Decisions and Proceedings
Although accessing and having child pornography are hybrid offenses (meaning the Crown has the option of proceeding summarily or by indictment), all hybrid offenses are presumed indictable unless the Crown decides otherwise. As a result, you will be required to visit a police station for fingerprinting before your first court appearance.
If you are held on bail, you will be taken before a court authority within 24 hours after being arrested. A child pornography lawyer will not only advise you on what to do and not do while dealing with authorities, but they will also begin working for your release if you are currently in detention.
Bailing Procedure
If you are taken to court for bail, a lawyer can consult with the Crown about the steps necessary to gain your release and offer a bail plan. The scheme frequently involves one or more persons known as “sureties.” A surety is someone you know who agrees to be accountable for your release into the community. They promise to pay a specific amount of money if you do not comply with your release terms. Being a surety is a tremendous responsibility, and a lawyer may help them understand their position and prepare for court.
Everyone has a constitutional right to fair bail, which includes the amount of money pledged by sureties and the restrictions placed on them. Reasonableness also involves the notion that you should not be refused bail for “just cause.”
The Crown may agree to your release based on the plan. They may dispute your bail if they are concerned about the plan, the circumstances of the offense, your likelihood of reoffending, your capacity to comply with terms (particularly if you have already broken bail), and so on. When bail is disputed, a bail hearing is held (sometimes known as a “show cause” hearing). In accordance with the principles of reasonable bail, the Crown must “show cause” as to why it is in society’s best interests for you to be detained—though in other cases, the accused must establish why their custody is not justifiable.
Denial of Bail
There are three reasons for imprisonment on which you may be denied bail. The Crown will state the reasons on why they are requesting custody, which include:
- There are three factors to consider: flight risk (main), public danger (secondary), and
- Whether your detention is necessary to maintain public trust in the administration of justice (for example, because of the gravity of the accusations and/or the strength of the Crown’s case) (tertiary basis).
- When assessing these grounds, the court will evaluate your community ties, your personal circumstances (including the presence of a criminal record), the offense itself, the quality of a proposed bail plan, and the suitability of sureties.
- As part of assessing your release, the court will decide if and what restrictions should be placed to alleviate concerns, such as ensuring that you attend court and do not conduct any other crimes. These bail conditions may include, but are not limited to, the following:
- Options for supervision include sureties, curfews, house arrest (including ankle tracking), abstaining from drugs and alcohol, mandatory counseling, and avoiding contact with certain persons (e.g., victim(s).
Restrictions on Where You Can Go
Like Murder Defense Lawyer, when it comes to child pornography, there are usually restrictions on accessing and using electronic equipment, as well as having contact with people under the age of 16.
When reaching this decision, the Crown and the court are constrained by the “ladder principle.” This concept states that when it comes to imposing limitations, the least restrictive terms must be applied unless the Crown can demonstrate that they are not suitable in your circumstances. The Supreme Court of Canada’s 2017 ruling in R. v. Antic reaffirmed this concept. A handful of courts, however, appear to have overlooked this requirement. A lawyer can assist the court understand that your imprisonment is unnecessary and can explain why less stringent bail terms are reasonable.
If you are denied bail, you will be held in jail until your trial or resolution, but you can request a bail review in the Superior Court. Getting bail may be a difficult struggle. Hiring a child pornography lawyer in Waldorf will increase your chances of getting released.
It is critical to understand that violating the terms of your release conditions may result in further charges and the revocation of your bail.
Awaiting Trial
Once you are released by police or a bail hearing is held, a lawyer can begin drafting a strong defense for your case.
A lawyer will request that the Crown disclose all relevant evidence against you. The Crown is required to provide evidence regarding your case to your counsel, regardless of whether it will be utilized in court. This disclosure is a key component of our criminal justice system. It contributes to a fair trial and the availability of all necessary facts for a complete answer and defense. Having a lawyer on your side might be advantageous since the Crown will only divulge certain types of disclosure to counsel. These laws are especially rigorous when dealing with materials showing child exploitation.
In certain circumstances, disclosure may involve hundreds (or even thousands) of pages of records, as well as hours of police interviews and surveillance film. A lawyer will evaluate these documents and use them to successfully represent you.
A lawyer will next make efforts to move the matter forward. After disclosure is evaluated, a Crown pre-trial (CPT) is usually set. The CPT permits the defence and Crown to discuss case concerns and the Crown’s stance. The CPT can serve as a platform for future conversations and negotiations with the Crown. A judicial pre-trial (JPT) may also be held, depending on the circumstances of the case. The JPT enables a judge to weigh in and give direction in a more informal setting.
If you’ve hired a lawyer, you won’t be present at the CPT or JPT. A lawyer’s knowledge and experience might be quite useful at this time. If you do not hire a child pornography defence counsel, you will most likely have greater trouble interacting with the Crown, and your JPT will take place in open court rather than the judge’s chambers. You will be responsible for arguing for yourself, which can add unneeded stress to an already difficult situation.
Matter of Court Appearance
A matter may require many court appearances before it is scheduled for trial or a plea is entered. A lawyer can explain the purpose of these appearances and even present on your behalf, leaving you with one less thing to feel troubled about.
If you are charged with creating and distributing child pornography, or with possessing and accessing it, and the Crown decides to proceed by indictment, the matter will come to trial, and you will be asked to pick your mode of trial. You will be tried by a provincial court judge, a judge alone in the Superior Court, or both a judge and a jury.
Because making and distributing child pornography carries a maximum sentence of 14 years in prison, you will also be entitled to a preliminary inquiry, which is a mini-trial to determine whether there is enough evidence to hold a trial on the charges. If the court determines that there is insufficient proof, you will be released. Making an election and conducting a preliminary inquiry are both strategic decisions. You will undoubtedly benefit from the advice and guidance of a lawyer as you navigate this lengthy and intricate procedure.
It’s Important to Engage a Lawyer for Child Pornography Allegations
Being charged with a child pornography offense may be a difficult situation. Because of the sensitivity of this offense, even being charged with it can carry a significant stigma. To get a competent child pornography defence, you must seek experienced legal guidance regarding your rights from the start.
A child pornography lawyer from Ahmed at Law can accomplish much more. They can help you negotiate the criminal court system and get the best possible release terms including:
- Ensure the Crown fulfills its disclosure requirements.
- Identify systemic or administrative mistakes in the criminal procedure, including Charter rights breaches;
- Speak with the Crown on your behalf, negotiate, and inform you of your alternatives.
- Evaluate all of the evidence against you and construct a compelling defense so that the charges are dropped or you are acquitted.
- Collect further evidence to corroborate your account of the events;
- If you plead guilty or are convicted, you can get a more compassionate punishment.
All criminal cases are complicated and fact-specific. We’ve included broad information regarding how child pornography cases are handled. Hiring a lawyer from Ahmed at Law gives you the best opportunity of successfully defending your sexual assault case or any other challenging accusation like a Robbery Lawyer. Please contact our team if you have any further questions about how we can help.
