Man Allegedly Had Computer Chockful Of Child Pornography
Lakeland, FL (Law Firm Newswire) August 14 , 2013 – If this kind of bust can happen in Idaho, it can also happen in Florida.
“Child pornography is, to most people, an abominable offense, worthy of locking someone up for years and throwing away the key. While that reaction is understandable, we should remember that just because someone was arrested and charged with possession of child pornography or transporting child pornography, that they may not have committed that specific crime, or just happened to be in the wrong place at the wrong time,” said Thomas Grajek, a Lakeland criminal defense lawyer.
People should not immediately jump to the to conclusion that someone arrested for having graphic images of young children in their computer is guilty of sourcing, downloading and selling, sharing/transporting or viewing them. The computer may not belong to the person arrested. They may not have been aware they had pornographic material on their computer. Or, they may have known they had such material on their computer, but did not participate in acquiring it, and did not know taking it with them is a crime.
“The point is, everyone is not only entitled to a defense, no matter what the crime, but the facts of the case may well eventually show that the person charged is indeed not guilty. And should the facts indicate that the person charged did commit the crime they are accused of, there is usually extenuating circumstances, such as a first time offender, an unlucky individual led to believe it was not an offense, and so forth,” Grajek added. The circumstances of a case dictates the court’s ruling at the end of a trial.
Consider the case of an Idaho man who was stopped by U.S. Customs and Border Protection officers, who indicated they wanted to do a secondary inspection of his luggage, more specifically, his laptop computer. The man had been on a cruise ship that travelled to the Bahamas and he was stopped on his return to the U.S. Customs agents found 1,162 explicit pornographic pictures and videos of children loaded onto the laptop. They had been downloaded prior to the man’s trip.
“Each case like this is different and each case has its own back story, and while I cannot comment on the specifics of this man’s charges and sentencing, I can say that if someone in a similar situation is facing being charged with a sex crime in Florida, they need to speak to an experienced criminal defense attorney as soon as possible. The rules of evidence are different in cases like this and you will need an attorney to guide you through the judicial system,” said Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
View Larger Map
- Some Sex Crimes, Such as Sexting, Do Not Always Involve Force
By definition, a sex crime is committed using threat or force to coerce someone into performing an unwanted sexual act. State governments usually prosecute these types of crimes. Should the commission of such an offense occur in two different states, it is usually the federal government that prosecutes. Penalties are more severe if the crime is classified as a felony. Those convicted of a sex crime could face decades in prison. In extreme cases, perpetrators may be chemically castrated. Being charged with a sex crime is a grave matter, one that requires the services of a criminal defense attorney. Sex […]
- What Does the Crime of Involuntary Manslaughter Involve?
Involuntary manslaughter can defined in several different ways, depending on the circumstances of a case. While involuntary manslaughter may, of course, be involuntary, it may also include a deliberate act. In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply. Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that […]
- Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty
Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy up to one ounce of the drug at authorized storefronts. These existing laws are close cousins to laws regulating the use of alcohol and nicotine: smokers may not smoke in public, employees may not work under the influence and states may have blood test limits […]