Fairfax, Virginia Child Pornography Charges Dismissed
Our law firm recently won the dismissal of all child pornography charges in Fairfax, Virginia. After winning a motion to suppress, Fairfax prosecutors agreed to drop all felony counts in favor of a misdemeanor plea which will be wiped from our client’s record.
You can learn more here about how our Virginia sex crimes lawyers defend against Virginia child porn charges in Fairfax and across the commonwealth.
The charges stemmed from a federal investigation in which the FBI raided our client’s home, where several people resided, and seized all computers, cell phones, and electronic storage devices. During the raid, federal agents took our client to an FBI van and engaged in heavy-handed interrogation tactics. Law enforcement also failed to advise our client of his rights under Miranda v. Arizona, including the right to remain silent.
The feds declined to prosecute the case, but the Fairfax Commonwealth Attorney’s Office indicted our client for possession of child pornography. Under Virginia law, possession of child pornography is a serious felony offense and requires sex offender registration. Our client was facing significant prison time, hefty fines, and a much more difficult future.
Our sex crimes attorneys immediately began working the case by hiring a top computer forensics expert and filing a motion to suppress our client’s statements. Our forensics expert was able to show that there was absolutely no evidence to suggest that our client was the one who sought out child porn. We also successfully litigated the motion to suppress statements on the ground that law enforcement violated our Client’s Fifth Amendment rights against self-incrimination when it failed to inform our client of his Miranda rights.
Failing to inform suspects of their constitutional rights is a common tactic employed by law enforcement to pressure people into speaking with them and making incriminating statements. In many cases, the incriminating statements are false and purely the product of police pressure.
After chipping away at the commonwealth’s case, the prosecution agreed to resolve the case for simple misdemeanor, which will eventually be removed entirely from our client’s record. This case is a good example of how child pornography charges can at first look daunting, but with the right legal team, these charges can often be dismissed or reduced.
If you or someone you know is facing child porn charges in Fairfax or somewhere else in Virginia, give our experienced internet sex crimes attorneys a call. Our law firm is one of the few that specializes in defending against child pornography charges. We have successfully handled child pornography cases across Virginia both in state and in federal court.
