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Child Pornography Lawyer

If you have been charged with or are being investigated for possession or distribution of child pornography in a Maryland state or federal court Benjamin Herbst is available anytime for a free legal consultation.  Child pornography cases are almost always treated more harshly than other crimes with comparable maximum penalties, which makes it extremely important to hire a criminal defense lawyer who can protect you.  It seems that even violent offenders convicted of assault and robbery can receive a slap on the wrist while those charged with child pornography offenses are treated like career criminals.  This is exactly why retaining an attorney with expertise in these kinds of cases can mean the difference between a jail sentence with a life long conviction and a just resolution.  Benjamin Herbst is an experienced Maryland child pornography lawyer that fights tooth and nail for his clients who are often treated unfairly by prosecutors and law enforcement.  He is not afraid to challenge the government by filing motions to suppress evidence or taking the case to trial if need be.  Benjamin is available 7 days a week to all clients and is accessible by cell phone on nights and weekends.

There are two main components of the Maryland child pornography law, with the most common being section 11-208 of the indecency and obscenity code.  This section makes it illegal to intentionally possess any image or video depicting a person under the age of 16 years old engaged in sexual conduct or in a sexual state.  While a first violation of this offense is classified as a misdemeanor with a five-year maximum jail sentence, there are often multiple counts involved in these cases.  The state can charge a person for each individual picture or video, and the sentences on these counts can be imposed consecutive to each other.  In addition a conviction for possession of child pornography could trigger mandatory registration as a tier one-sex offender, which lasts for 15 years.  A second offense increases the maximum punishment to a 10-year felony, but the sex offender tier remains the same.  Regardless of the statutory punishments there are still some tactics that a lawyer can use to protect defendants charged with child pornography, and knowing how to navigate around the law is key to a fair resolution of the case.  The Maryland sentencing guidelines classify possession of child pornography as a level 5 offense, which means a first time offender will score probation at the bottom of the guidelines.  In addition, the probation before judgment statute does not exclude child pornography cases, and a defendant may not have to register if he or she is granted PBJ.  On the other hand, the judge may grant PBJ and order that the defendant register as a condition of probation, which is why it is imperative to be thoroughly prepared to argue against the registry requirement.

Section 11-207 is the felony version of the child pornography statute, and it deals with the production or distribution.  Distribution of child pornography has a very broad definition, and can encompass any type of file sharing with another person.  In many cases the defendant did not even intentionally share his or her files, but simply made them available.  Distribution does not require an exchange of any type of compensation, and law enforcement is always looking for ways to charge this offense along with possession, as it is a felony with a 10-year maximum penalty and requires tier two sex offender registration for 25 years.

There are number of ways that law enforcement can initiate investigations in child pornography cases.  Some law enforcement agencies will assign detectives to pose as anonymous collectors or distributors of the material, and then apply for search warrants after they locate an IP address linked to child pornography.  Other times the network providers will provide information to law enforcement officers and an investigation will begin.  Either way, it is imperative to retain a lawyer immediately so your 5th Amendment right to remain silent is protected.  Law enforcement often receives strong incriminating evidence straight from the defendant, and this can put the defense in a less than desirable negotiating position.  If you are charged or are being investigated there is no need to take on the government alone.  Call Maryland child pornography lawyer Benjamin Herbst anytime at 410-207-2598 for a free consultation.
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"I am writing this letter to thank you for doing such a great job in my case. If it were not for what you did I would still be in jail right now. My family and I are very grateful I have a second chance at life now, and if it wouldn't be like this if you were not so good at what you do. Thank you again Benjamin!" T.S.
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"I want to commend you on the excellent representation that you provided on my son's case case. I truly appreciate everything you have done. You are a dedicated, very professional, and caring individual. We both wish you the utmost success in your legal career and future endeavors." Raquel and Joseph M.
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"Thank you for all the time and effort that you put into defending my case. You were willing to fight for me when nobody else would believe my story, and you did not back down from the prosecutor. Another lawyer would have urged me to plead guilty, but you were willing to fight for me, and in the end justice was served. I appreciate everything you did and wish you all the best." Fred D.
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