Massachusetts Legal Developments Blog

Four Steps to Take if You are Under Investigation for Child Pornography

Massachusetts law enforcement reports that following a two-year investigation, a man in Sudbury was arrested in February on charges of child pornography. The 23-year-old suspect was arrested and charged with three counts of possession of child pornography, with one of the counts relating to a 2015 incident. 

Law enforcement began investigating the suspect in 2019 after receiving a tip from the Massachusetts State Police Internet Crimes Against Children cybercrime unit. The tip was connected to an address on Bay Drive in Sudbury where the suspect lived. The investigation subsequently uncovered multiple images of very young minor victims. It remains uncertain both when the suspect will appear in court as well as whether he has legal representation.

Understand the Nature of Searches and Seizures

If you are involved in a child pornography investigation, law enforcement will often try to obtain a search warrant to seize potential evidence. Some of the most commonly seized evidence includes computers, smartphones, and other items on which digital information can be stored. To perform a legal search and seizure, law enforcement must have a valid search warrant which must be based on probable cause. If law enforcement lacks probable cause on which to base a search warrant, you have the right to refuse to give your permission for the search.

Enroll in a Treatment Program

It might be a good idea to enroll in a sex offender treatment program even before you have formally been charged with an offense. Even though participating in a treatment program does not impact your chances of acquittal, enrolling in this program will improve your chances of receiving a less severe sentence. Participating in a treatment program might also mean that a judge is more likely to grant a variance that deviates from sentencing guidelines.

Exercise Your Legal Rights

If you are being investigated for child pornography-related charges, you should not hesitate to immediately assert your legal rights. Additionally, if you are interrogated by law enforcement, you should inquire whether you are under arrest or free to leave. Avoid answering any question or providing information that law enforcement does not ask, and do not do so outside the presence of your lawyer.

If the police or any other government agency comes to your door, you should remember two important phrases: “I want my lawyer” and “you do not have permission to search.” Besides these two phrases, it is often a good idea to remain as silent as possible. Avoid engaging in small talk with law enforcement or trying to explain anything. Remember, in some circumstances, law enforcement might even lie to you to get you to admit details about an offense.

Contact a Sex Crime Defense Attorney

Being convicted of a sex crime can result in obstacles that interfere with a person’s professional and personal life. As a result, one of the best steps to take in such a situation is to obtain the assistance of an experienced criminal defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.