Feds Dismiss Child Porn Charges against Virginia Lawyer

Our law firm recently obtained a dismissal of federal child pornography charges against a Virginia lawyer in the Western District of Virginia. Our client was a criminal defense attorney appointed to represent an individual in state court who had been accused of various sex offenses. The U.S. Attorney’s Office indicted our client after it claimed that he came into possession of child pornography while defending his own client.

The prosecution of our client was simply unfair, and our legal team got to work by hiring a computer forensics expert and challenging the Government’s case with aggressive legal motions. Our computer expert searched the electronic devices that had been seized by the feds and was able to show that our client had never sought out child pornography and had no interest in minors. We also attacked the Government’s case by showing that our client had complied with Virginia law, which differed from federal law.

The Adam Walsh Act is a federal law governs how criminal defense lawyers may review illegal images and videos when defending someone accused of a sexual exploitation or child porn offense. Under 18 U.S.C. § 3509(m)(1), child pornography is supposed to remain in the possession of the government or the court as long as the defense lawyer and defense experts are given the opportunity to inspect and examine the evidence.

This federal law, however, conflicts with Virginia law. Under VA ST § 18.2-374.1:1, there is an exception when such material is possessed for a “bona fide… judicial purpose by a[n]… attorney… and such person possesses such material in the course of conducting his professional duties.”

Confronted with an air-tight defense expert and Virginia law, the Government agreed to dismiss all charges against our client after months of litigation. The dismissal took hard work and thinking outside of the box, but today our client is free to resume his life and provide for his family. This case is a good example of how the Government can often overreach and charge innocent people with offenses that can destroy their livelihoods and reputations.

At Johnson/Citronberg, we have learned that dismissals and reductions often only come after hard, focused work. By having access to the best computer forensics experts in the nation and filing creative and aggressive pretrial motions, we have obtained a truly impressive list of wins, even in federal court.

If you or someone you know is charged with a child pornography or exploitation offense, give our experienced criminal defense lawyers a call. With offices in Alexandria, Virginia and Atlanta, Georgia, we represent clients in federal courts across the country, whether it’s a small town in western Virginia or Manhattan, New York. We also represent clients in Virginia and Georgia state courts.