Just being accused of having possession of Child Pornography can be an overwhelming and life altering experience. The painful stigma attached to that type of offence can be emotionally draining and create an exceptionally stressful existence while the charges are pending before the Court. Whether you are accused of making, transmitting, distributing, accessing or possessing child pornography the stakes are high and you must retain a Lawyer with considerable knowledge in this area of Law. A criminal conviction for any of these offences attracts severe penal consequences. Mandatory minimum sentences upon conviction are the norm and the minimum can range anywhere from three months in jail to at least one year in jail for certain offences. Please remember that these are the minimum sentences that can be imposed, not the maximum. Judges have no discretion to impose a lesser sentence than the minimum, regardless of the individual’s personal characteristics or sympathetic circumstances.

In addition, a finding of guilt in relation to any of these offences will result in a compulsory registration on the Sexual Offender Registry. Depending on the details and circumstances of the offence, such registration could extend to a maximum of a lifetime. As well, a genetic sample of your DNA may be taken from you and placed on the National DNA Registry for Life. The Court can also order an Individual to not attend any location where children under the age of 16 might be expected to be found including beaches, public swimming pools, parks and schools. A Judge can also order that individual to have no contact whatsoever with children under the age of sixteen, which can, in some cases, include their own children. As a result, such charges must be diligently and vigorously defended by capable legal Counsel.

Evidence in Child Pornography cases invariably comes from the Prosecution’s analysis of an individual’s home computer, laptop or smartphone by the State’s Investigators. Those investigators can determine what is on the computer and when it was placed on the computer but they cannot definitively determine who placed those photos or videos on the computer. This is where our experienced team of Lawyers and their computer and software Experts are critical to your defence. We may be able to successfully argue that the offending material was downloaded on the computer when the accused person had no access to that device. Alternatively, a critical analysis of the computer hard drive may reveal that some other Third party accessed the computer while “hacking” into the WiFi or internet cable connection without consent and by nefarious means. Additionally, well-trained Counsel may seek to challenge any Production Orders or Search Warrants that were utilized to obtain the evidence from the computer by arguing the State did not have appropriate grounds for the issuance of such Orders and therefore conducted an unlawful search and seizure contrary to s.8 of the Canadian Charter of Rights and Freedoms. If the argument is convincing, the Court may order exclusion of the offending material from the court proceeding.

Facing charges involving allegations of possession of Child Pornography is a degrading and humiliating experience. Knowing that our experienced Lawyers are on your side is reassuring. At all times we shall conduct ourselves in a distinguished and professional manner while relentlessly protecting your interests. We have only one goal in mind, protecting your liberty and obtaining the most positive result available on your behalf. Please give us a call, we understand.