Local, state, and federal agencies are pursuing offenses related to child pornography like never before. Right now, the federal government is pouring millions of dollars into multi-jurisdictional agencies such as the Internet Crimes Against Children Task Force (ICAC) in order to fight offenses/crimes related to child pornography. Federal and state prosecutions for the possession, receipt, and distribution of child pornography have risen dramatically in the past few years. And, prosecutions/cases involving peer-to-peer (P2P) software programs such as LIMEWIRE and FROSTWIRE lead the pack.
Unfortunately, law enforcement agencies tend to be overzealous in the initiation of these prosecutions. And, prosecutors have a tendency to overcharge these cases. The evidence is often misleading, overwhelming, and misunderstood by prosecutors, law enforcement, and members of potential jury. More important, the penalties for these offenses can be brutal and draconian. For example, did you know that a conviction for distribution or receipt of child pornography in federal court calls for a five year mandatory minimum prison sentence? Did you also know that just by installing LIMEWIRE and looking (accidently or on purpose) at any child pornography subjects you to distribution liability in both state and federal court?
You need an attorney that is experienced, knowledgeable, and tenacious. You need an attorney that is not afraid to go toe-to-toe with local or federal prosecutors. You need an attorney that knows how to effectively explain all aspects of sensitive subject matter to a potential judge and jury. Simply put, you need Giancola-Durkin, P.A. in your corner.
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