Child Pornography A Former Prosecutor & Military Judge Fighting For Your Freedom

Child Pornography Lawyers in Dallas

Comprehensive Sex Crime Defense in the Dallas Area

Federal law outlaws the possession, distribution, production, importation or reception of any image of child pornography under 18 U.S.C. § 2251 et seq. The federal criminal penalties are harsh, with between five and twenty years if the offender is found guilty of transporting the child pornography material, or between 15 to 30 years for producing child pornography. In addition, if convicted, the defendant may have to register as a sex offender.

What cannot be overlooked, however, is the indefinable but significant drop in social reputation. Even if the government makes an egregious mistake of identity and the defendant is innocent, the defendant will still have troubles with future employment prospects and social standing. If convicted, the defendant will have to deal with limited housing prospects, limited ability to attend or engage in your own child’s activities, and much more.

If you are facing child pornography charges, you are in for a long, hard battle that if won will be worth every penny and ounce of energy. We recommend you contact an experienced Dallas sex crimes defense lawyer who has successfully fought these types of charges. Our associates are standing by to take your call at (214) 238-9392.

Defenses to Child Pornography Charges

Child pornography is generally a knowledge-based crime, which requires defendants to only know of its existence. In addition, 18 U.S.C. § 2252 (c)(1) specifically builds affirmative defenses into the law. If the defendant had “less than three matters” (pictures, movies, etc.) and “promptly and in good faith” deleted the picture, this may act as an offense.

Certain federal circuits define “possession” less strictly than law enforcement. The eighth circuit noted that a person cannot be found guilty because they have only looked at an image through a web browser and it was then saved on the computer’s cache. The image must have been downloaded. Many other defenses exist; these are but a few.

If you have been falsely accused of child pornography charges in Texas, our team of sex crime defense attorneys know how to dig you out of the hole you’re in. Give us a call as soon as possible so we can begin building your defense. Whether you were mistaken for another person or are a victim of entrapment or a sloppy sting operation, we can help. Our team of Dallas sex crime defense lawyers know how to uncover the truth.

Identification of Victim

In 2002 the United States Supreme Court decided Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002). Here, the high court struck down a law making illegal, among other things, simulated images of children. In some cases, this allows defendants to argue that the image in issue is not actually a depiction of a child being sexually abused, but rather a computer generated image.

Law enforcement has responded to this by creating a center the “Child Victim Identification Program” where newly identified victims can be located and identified. Each photo or movie is reviewed for identifying clues that would help the analyst with a better understanding of where the child is at, so as to remove him/her from the abusive situation.

Contact a Trusted Sex Crimes Attorney in Dallas

If you or a loved one are facing federal child pornography charges, military criminal charges, or even state criminal charges in Texas, you need an experienced criminal defense lawyer. Patrick J. McLain has extensive experience in federal criminal cases like child porn, and is currently accepting clients.

Consultation are confidential, and we answer our phones 7 days a week, 24 hours a day for emergencies. Get in touch with our office at (214) 238-9392 for representation in Dallas, Texas.

Our Experience is Unmatched

Why Choose the Law Office of Patrick J. McLain, PLLC?
  • Our Firm is Top-Rated & Award-Winning

    Attorney Patrick J. McLain is widely respected by his peers & clients as seen by his numerous accolades.

  • Over Two Decades in the U.S. Marine Corps

    Attorney Patrick J. McLain tried his first jury trials during operations Desert Shield and Desert Storm. He handles all cases with integrity and an unparalleled work-ethic.

  • Former Federal Prosecutor & Military Judge

    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.

  • Over 3500 Cases Successfully Handled

    Throughout his career, Patrick J. McLain has helped thousands of clients secure a better future for themselves through tenacious and aggressive representation.

Client Testimonials

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    Best attorney

    “Mr. Patrick McLain equals instant and good results for you. Hiring Mr. Patrick McLain is the best decision I had made throughout my military career.”

    - Master Sergeant Michael A Heath Jr.
    A Marine through and through. He is dedicated to taking care of his clients.

    “I was a client of Patrick, and he went above and beyond for meeting my needs, as well as my family's needs. He would adjust his schedule to communicate with in Japan or my wife in the States. He ...”

    - Scott S.
    First class lawyer!!!!!

    “Patrick saved my career and my life by proxy, he did everything and more you would HOPE for from a lawyer. Patrick is what you need if you want to win your case!”

    - David L.
    Patrick knows military law. He will fight for you and get you the best possible outcome he can!

    “I hired Patrick to help out with an issue that involved my husband who is Navy and stationed in Japan. I was worried, scared and confused, but Patrick and his staff were honest, helpful, patient and ...”

    - S.S.
    Patrick J. McLain has a no B.S. approach and is fully committed to providing the best possible defense.

    “Patrick McLain stuck by my side for 8 long months during my case in which I was accused of violation of Article 112a. I was ultimately given a trial by Special Court Martial and thanks to his superb ...”

    - Austin W.
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