Monmouth County NJ Child Pornography Lawyers
New Jersey has been aggressively investigating and prosecuting anyone and everyone that is caught either possessing and/or distributing child pornography. Monmouth County has been at the forefront of this crackdown. Monmouth County detectives have been conducting sting operations for years now in an effort to reduce the widespread distribution of child pornography. Social media and the internet has escalated the number of child pornography arrests over the years. Regardless of whether you have been charged with possession, distribution or manufacturing child pornography the consequences are absolutely devastating. They can include up to 20 years in a state prison, a fine in excess of $200,000 and other collateral consequences, like Megan’s Law and Parole Supervision for Life. If you have been charged with the possession of child pornography in Monmouth County it is imperative that you speak to an experienced criminal defense attorney as soon as possible about your options. Time is really of the essence with these types of charges.
Based on the new bail reforms, an individual charged with possession and/or distribution of child pornography in Monmouth County may find themselves being held in the Monmouth County Jail without bail, pending trial. Pursuant to the new bail guidelines, if the prosecutor sees fit, they can request a Detention Hearing. During that hearing, the State will be trying to convince the Judge that the individual needs to be detained without bail, pending trial. The new system is geared more towards a risk assessment as opposed to the traditional monetary basis. So now more than ever, it is crucial that you get an attorney involved as soon as possible so that could contest the detention hearing. If you have been charged with endangering the welfare of a child, soliciting prostitution, sexual assault, criminal sexual contact, lewdness, luring or possession of child pornography, the Keith Oliver Criminal Law can help. To speak to one of our Monmouth County criminal defense attorneys today about your option, then please contact us at (732)858-6959. Our office serves all of Monmouth County, including towns like Hazlet, Neptune, Colts Neck, Fair Haven, Middletown, Holmdel, Abredeen, Freehold, Belmar and Asbury Park.
Possession of Child Pornography Lawyer Middletown NJ?
Whether you have been charged with possession of child pornography, manufacturing child pornography or distribution of child pornography they will all be governed under the endangering the welfare of a child statute. That statute is NJSA 2C:24-4. The section that covers possession of child pornography is N.J.S.A. 2C:24-4b(5)(b). It in essence criminalizes anyone accused of knowingly possessing, viewing or having under their control, anything that depicts the sexual exploitation of a child. The sexual exploitation of a child includes but is not limited to any items that show a child engaging in a prohibited sexual act or in the simulation of such an act. Possession of child pornography is a third degree felony offense in New Jersey. A third degree felony offense is punishable by up to five years in a State Prison, a fine up to $15,000 and a felony criminal record. Since this is a third degree felony offense an individual will obtain the presumption against incarceration provided this is their first offense. With that being said, that presumption can and often is overcome with this type of offense. In addition, if the individual is caught possessing more than 100 images, it is mandatory that they be sentenced to a term of imprisonment.
Distributing Child Pornography Attorney Monmouth County
The section of the endangering the welfare of a child statute that covers distributing child pornography is N.J.S.A. 2C:24-4b(5)(a). This section of the statute in essence criminalizes the distribution, the possession of with the intent to distribute or the storing if any item that depicts the sexual exploitation or abuse of a child. Anyone charged under this section of the statute will be facing a second degree indictable offense. Anyone charged with a second degree indictable (felony) offense will be facing a State Prison sentence ranging anywhere from five (5) to ten (10), a fine that can range up to $150,000 and a felony criminal record that is non-expungable. In addition, this section of the statute requires that anyone convicted of this charge be required to register under Megan’s Law and be placed on Parole Supervision for Life. Unlike the possession of child pornography charge, anyone convicted of this offense, since it is a second degree felony, will obtain a presumption for incarceration. Lastly, a Defendant that is convicted of distributing more than 25 items must be sentenced to a term of imprisonment that has a parole ineligibility period affixed to it.
Wall Township Manufacturing Child Pornography Lawyers
N.J.S.A. 2C:24-4b(3) is the governing statute in New Jersey for anyone that that is alleged to have manufactured child pornography. This section covers anyone who is alleged to have caused or permitted a child to engage in a prohibited sexual act or in the simulation thereof, if the Defendant knew, had reason to know or intended that the prohibited act may be photographed, filmed or reproduced in anyway. Anyone charged under this section of the statute will be facing a first degree felony offense. A first degree felony is punishable by up to twenty (20) years in a State Prison, a fine up to $200,000 and a felony criminal record. In addition, just like a Defendant who is convicted of distributing child pornography, a Defendant convicted of this section will be required to register under Megan’s Law and be placed on Parole Supervision for Life as well.
Possession of Child Pornography Lawyers in Neptune City
The potential penalties that a Defendant faces if convicted of possessing child pornography let alone distributing it within Monmouth County can be life changing. If you have been arrested and charged with possession of child pornography, aggravated sexual assault, aggravated criminal sexual contact, aggravated assault, endangering the welfare of a child in Monmouth County, our office can help. Our attorneys appear in courts throughout Monmouth County, including the Monmouth County Superior Court, the Matawan Municipal Court, the Freehold Municipal Court, the Deal Municipal Court, the Manalapan Municipal Court, the Lake Como Municipal Court and the Middletown Municipal Court. To speak to one of our Monmouth County criminal defense attorneys today please contact us at (732)858-6959.