Child Pornography Defense Lawyer

Child Pornography Defense Lawyer

According to both federal and state laws, it is illegal to produce, possess, distribute, or sell pornographic materials that exploit (or portray) a minor. A minor is someone who is under the age of 18. Child pornography laws are being implemented more and more to punish crimes that have occurred using the internet to obtain, share, and distribute pornographic material that involves minors or children. Pornographic material can refer to pictures or videos.

The following federal laws reference child pornography-

18 U.S.C. § 2251– Sexual Exploitation of Children (production of child pornography)
18 U.S.C. § 2251A– Selling and Buying of Children
18 U.S.C. § 2252– Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A– Certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2260– Production of sexually explicit depictions of a minor for importation into the United States
State laws vary.

Even if you are a first time offender who is being charged with producing child pornography, you may still be sentenced to hefty fines and between 15 and 20 years in prison. You also may be prosecuted under federal law, state law, or both for any offense related to child pornography.

Because penalties for child pornography related offenses are so stiff- much more so than for other criminal offenses- if you are facing these charges you need an experienced child pornography defense lawyer. A guilty conviction may land you in prison for up to 20 years and you may be registered as a sex offender for life. These consequences will follow you for the rest of your life and could affect your relationships with family and friends and may affect your ability to get a job.

As an experienced child pornography defense lawyer, Kyle understands the severe consequences you are facing and what is at stake. Kyle relies on his knowledge, experience, and tried and true defense strategies to get acquittals, to negotiate for lesser charges and sentences, and to have convictions overturned on appeal. Once you have contacted Kyle, he will go to work right away to begin building your custom defense strategy.

Kyle can help defend you if you are facing any of the following charges:

  • Manufacturing child pornography
  • Possession of child pornography
  • Distributing of child pornography
  • Downloading or uploading child pornography
  • Having child pornography on your computer
If you are facing any of the aforementioned charges, it is especially important that you contact a child pornography defense lawyer immediately! However, it is also important to contact a child pornography defense lawyer if you believe you may be facing these charges in the future. Many times, if you are the subject of a child pornography investigation, you will be aware of it before formal charges are brought against you. Having a child pornography defense lawyer before formal charges are brought against you can be extremely helpful. In some cases, it may even be possible for you to avoid having charges brought against you at all if you have a lawyer early enough in the process.

If you believe you are the subject of a child pornography investigation or if you are facing child pornography charges, call Kyle immediately at (770) 744-5250 so he can begin working for you!

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Get Out Of Jail Early

Get Out Of Jail Early

A lot of people who are facing jail time are wondering if they can get out of jail early. In the state of Georgia, sometimes the answer can be yes! For serious crimes and repeat offenders, the Judge will sometimes sentence a defendant to a split sentence. A split sentence is when a defendant is sentenced to 10 years, 5 years to be served in jail and the remaining 5 years to be served on probation.

Based on Georgia’s parole system, sometimes defendants can get out of jail early, though. The general guidelines for getting out of jail early are:

-sentences under 21 years: you are eligible for parole after serving 1/3 of your sentence or 9 months (the greater of the two)

-sentences more than 21 years: you are eligible for parole after 7 years

However, there are exceptions to these guidelines:

-first offender sentences: If you are being sentenced under Georgia’s First Offender Act (read more about the First Offender Act), you may be immediately eligible for parole. This is, of course, dependent upon your criminal defense lawyer asking for and the Judge granting this request.

-violent felonies: If you have committed one of the seven deadly sins (murder, felony murder, armed robbery, kidnapping, rape, aggravated assault, aggravated child molestation, aggravated sodomy, or aggravated sexual battery) and were sentenced after July 31, 1994,  you are not eligible for parole. This list is not exhaustive, and there are other crimes that are not eligible for parole in the state of Georgia as well.

-life sentences: Depending on when you were sentenced to a life sentence, you may be eligible for parole after either 14 years or 30 years.

-repeat offenders: If you’ve been convicted of a serious violent felony and have prior convictions for serious violent felonies, you are not eligible for parole.

To confuse things even further, there are some exceptions to the exceptions:

-If the severity of your crime is Level 4 or less, you may be considered for parole before serving 1/3 of your sentence. Georgia’s Crime Level Severity chart may help you to determine the level of your crime.

-If your sentence is less than two years you may qualify for an early release program.

To get out of jail early in the state of Georgia is possible but not always easy. If you are facing a conviction and jail time, call Kyle today at (770) 744-5250 for a free consultation.

 

 

 

 

 

Criminal Defense & The First Offenders Act

Criminal Defense & The First Offenders Act

 The First Offenders Act (FOA) is also knows as a withheld adjudication and is a very important statute for defendants in Georgia. What is the FOA and why is it so important?

Basically, the FOA says a defendant can plead guilty to a particular charge, serve the sentence handed down by the judge, but not have a conviction on their record if the sentence is completed successfully. The FOA can only be used once.

The FOA is usually used to avoid having a felony charge. A felony conviction can seriously affect a persons life by inhibiting their civil liberties. Owning or possessing a firearm, voting, receiving government benefits, and holding public office are all civil liberties affected by receiving a felony conviction. It can also be significantly harder to find employment with a felony record. Although the FOA can be used to avoid a felony, some felonies do not qualify for the FOA. These charges include murder, rape, and sex related crimes.

FOA can also be used for misdemeanors, although this is not usually advisable as misdemeanors aren’t as damaging as felonies. If you are facing a misdemeanor charge, your criminal defense lawyer will help you determine whether or not using the FOA is a good idea for you. Although the FOA can be used for almost all misdemeanors, it can not be used for a DUI charge.

The FOA is a great statute for defendants, but it must be used carefully. The privileges of the FOA can be completely lost if a defendant violates their probation or parole. The defendant’s entire sentence must be served successfully before the benefit of the FOA can be received.

The FOA is not something that should be used without serious consideration with your criminal defense lawyer. Call Kyle today at (770) 744-5250 to determine whether or not you can benefit from the FOA.

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Cobb County Georgia-Super Speeder Law

Georgia’s Super Speeder Law

Criminal Defense Attorney Woodstock Ga

You may have heard of Georgia’s super speeder law before, but how much do you actually know about it? Do you know exactly what the parameters of the law are? Do you know what the consequences of violating the law are? Read on to find out and learn why hiring a defense lawyer may be a good idea.

Georgia’s super speeder law states that a super speeder is someone who is driving 75 mph or more on a two lane road or 85 mph or more on any road or highway in Georgia.

If you receive a super speeder ticket, it is important to hire a lawyer immediately! You only have 120 days from the day you receive the ticket to pay the $200 fine (plus local speeding ticket fines) , or your license will be automatically suspended resulting in even more fines to reinstate your license. However, if you pay the fine you are pleading guilty to a super speeder ticket, which can have grave consequences. If you pay the super speeder fine, your auto insurance rate may increase drastically. Furthermore, even if you pay the fine, the state of Georgia may suspend your license anyway! Pleading guilty to the super speeder ticket also results in many points on your driver’s license. It is important to hire an attorney in order to make sure none of your rights are being violated. Hiring an attorney is a crucial step in making sure your right to drive does not get revoked and reducing the number of points that go on your license.

If you have already paid your super speeder ticket, it is not too late to hire an attorney. An attorney can go over all the details of your case with you, and in some instances can file a motion to change your guilty plea. This is not always the best option, and the motion may not always be granted, but if it is granted your case would begin again.

Kyle will take the time to go over all the nuances of your particular case and make sure none of your rights have been violated. He will go over all your options with you and make sure you receive the best possible outcome after receiving a super speeder ticket.

Statutory Rape

The term statutory rape is familiar to most of us, but what exactly is it? The term statutory rape refers to any sexual relations involving someone below the age of consent. Legally, someone below the age of consent cannot give his or her consent to having sex or engaging in sexual acts. Therefore, someone who engages in sexual acts with someone below the age of consent has violated the law. In Georgia, the age of consent is 16.

These laws vary from state to state and each state sets its own age of consent. States also punish violators of this law under different laws including sexual assault, rape, unlawful sexual intercourse, and carnal knowledge of a child. There are not many federal laws that address statutory rape. The federal government has let the states make their own rules regarding this topic.

Generally, when we hear the word rape we associate the act with some kind of physical force. Statutory rape does not have to involve any kind of force. Statutory rape is very different from other types of rape and child molestation because the act would generally not be a violation of the law if both participants were above the age of consent. Since someone under the age of consent legally cannot consent, the act becomes a crime whether or not force has been involved. If force was involved in the act, states may choose to prosecute the offender differently. In this case, the offender may face much more severe charges (perhaps child molestation or aggravated rape).

If you have committed statutory rape, you may be facing a variety of different charges. Your charges can range from a misdemeanor to a felony. There are many factors that influence what type of charge you may be facing. These charges include the age of the victim, the age difference between you and the victim, prior sexual offenses, and whether the incident involved alcohol or drugs.

Punishments for statutory rape can also vary widely. Your punishment for statutory rape could include jail time, probation, harsh fines, counseling or other treatment programs, and the requirement to register as a sex offender.

Some states also have what are called “Romeo and Juliet Laws” which refer to sexual relations involving parties who are both below the age of consent or when an offender is very close in age to the person under the age of consent. These laws vary greatly from state to state. In some states these laws can provide the opportunity for a defense against criminal charges and in other states they simply lessen the offense and punishment.

In some states, people in certain professions who have knowledge of statutory rape are required to report it to the police. These professions may include teachers, doctors, and public employees.

Can Sexting be a Sex Crime

Can Sexting be a Sex Crime?

Sexting Criminal Defense Lawyer

The word “sexting” is a relatively new term, but it has quickly infiltrated our society. Even many of our grandparents are familiar with the term. The act of sexting has become popular with people of all ages, but particularly so with teenagers. With the use of social media ever on the rise, there are multiple outlets for teens to share their sexts through. These sexts can then be seen by all of their friends and many other online users. With sexting on the rise, the potential for people to violate child pornography laws has grown exponentially.

Crimes committed through social media are prosecuted by using existing laws. The federal definition of child pornography is “any visual depiction of sexually explicit conduct involving a minor”. The state of Georgia has a law specific to child pornography occurring on a computer called the Computer Pornography and Child Exploitation Prevention Act of 1999.

The application of child pornography laws becomes somewhat muddled. An adult who takes a sexually explicit photo of a minor and shares it through a social media outlet has obviously violated a child pornography law. Many states are taking it a step further and prosecuting minors for child pornography as well. If one minor receives a sexually explicit photo from another minor and forwards it on, without permission, to another minor, that can be a violation of child pornography laws as well. Unfortunately, there is no clause in the child pornography laws exempting minors from being subject to prosecution even if they took photos of themselves willingly.

Child pornography laws are ever changing and under increased scrutiny with social media and the popularity of the selfie on the rise. Prosecutions for violating child pornography laws are on the rise and penalties for violating these laws are becoming stiffer. One of the gray areas of the child pornography laws as they stand is the subject of possession of child pornography. Social media outlets are able to store larger and larger amounts of images for indefinite amounts of time. Viewers of these images no longer have to download them directly to their computers since they can simply view them as they are stored through the social media outlets. Does this constitute possession?
Kyle Koester has successfully defended clients against child pornography charges.

These charges can be serious and complicated. Call Kyle so he can get to work on your case today!

Call 770.744.5250 Today!