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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Expungement: A Brief Overview

Expungement: A Brief Overview

We’ve all heard of expungement, but how many of us know exactly what it is? Expungement is a court-ordered process that seals (or erases) the legal record of an arrest or criminal conviction. Expungement may also be called “expunction” and the whole process may be referred to as “setting aside a criminal conviction”. In Georgia, the process is called “record restriction”. Eligibility for and the process of expungement will vary from state to state, and possibly even county to county.

What are the legal effects of an expungement?

An expungement means that an arrest or conviction has been sealed (erased) from a person’s criminal record for MOST purposes. Once the process is complete, the person whose record was expunged generally does not need to disclose the arrest or criminal conviction when filling out a job application or a rental application. In most cases, if a potential employer, educational organization, or a similar company conducts a background check on an individual, no record of an expunged arrest or conviction will be found.

However, an expunged arrest or conviction is not always completely erased. Some government agencies, including law enforcement and the criminal courts, will still be able to see the expunged arrest or conviction. This is why arrests or convictions are sometimes referred to as being “sealed” as opposed to expunged. During some legal proceedings, arrests and convictions can still be used as proof of a prior conviction.

Are you eligible for an expungement?

Although expungement may be an option in the state or county of your conviction or arrest, you still may not be eligible depending on your criminal record. Your criminal record has to meet certain criteria in order to qualify for an expungement.

Your eligibility for an expungement can depend on a variety of factors including:

  • The amount of time passed since the arrest or conviction you are trying to have expunged
  • The type, nature, and severity of the conviction you are trying to have expunged. For example, an expungement for a violent sex offense may be denied.
  • Your prior criminal history including arrest and convictions in all jurisdictions- not just the one in which the expungement is being sought.
  • The type, nature, and severity of all events in your criminal record.

Depending on your state and county, there may be some applicable eligibility rules that pertain specifically to arrest and convictions that occurred while you were a juvenile. There may also be special eligibility rules that apply specifically to expungements for sex offenses.

What about expungement in Georgia?

Expungement in the state of Georgia is called record restriction. In Georgia, if your arrest was not referred for prosecution, it will eventually be restricted from your criminal history, Misdemeanors and felonies are subject to different timelines for this. There are three general situations in which an arrest can be restricted from your criminal history- non-convictions, youth offenders, and if you were charged with a felony but convicted of an unrelated misdemeanor.

The state of Georgia has many provisions and special rules for having your record restricted. For more specific information, you can visit the Georgia Justice Project’s Expungement FAQ page.

If you or someone you know needs help with a record restriction in Georgia, call Kyle today at (770) 744-5250 for your FREE consultation.

Voluntary Manslaughter Defense

Voluntary Manslaughter Defense

Before we begin talking about manslaughter defense, let’s first talk about what exactly voluntary manslaughter is. Voluntary manslaughter is usually defined as an intentional killing that occurs when then offender had no previous intent to kill. This is commonly referred to as a killing in the “heat of passion”. The circumstances leading up to the killing may have lead to the offender, a reasonable person, becoming emotionally or mentally distraught or disturbed. A prime example of this is someone who comes home to find his or her spouse in bed with someone else. 

There is a wide spectrum of homicide charges that an offender can be charged with. This one falls between murder (killing with intent) and self-defense. Its important to note that voluntary manslaughter is different from involuntary manslaughter, and definitions can differ from state to state.

Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. We already know voluntary manslaughter is often referred to as a “heat of passion” crime. Voluntary manslaughter can also be defined as a killing that occurred when an offender mistakenly believed the killing was justified, such as self defense.

Although every case is unique, there are some common defenses that are often used in voluntary manslaughter cases. The defense used for each case is dependent upon what state that case is in and the particular nuances of the case.

Here are some of the most common arguments used for voluntary manslaughter defense:

Actual Innocence

Having not committed the crime at all is, of course, the best possible manslaughter defense. Because we are in the United States, the burden of proof lies with the prosecutor. The prosecution must prove beyond a reasonable doubt that the accused has, in fact, committed the crime they are being charged with. Some ways to counter a prosecutor’s accusations are by using an alibi or by questioning the validity of the prosecutor’s evidence.

Self-Defense

There are two types of self-defense claims- perfect and imperfect. In a voluntary manslaughter case, the only kind of self-defense claim that can be used is a perfect self-defense claim.

A perfect claim of self-defense is when there is actually a reasonable need for deadly force in order to protect one’s life, and there is no wrongdoing by the defendant. This implies that the defendant acted solely in fear of his or her life and/or personal safety.

Insanity

The insanity defense can differ slightly from state to state, as each jurisdiction may have slightly different legal definitions of “insanity”. Generally, however, insanity refers to a defendant’s inability to distinguish right from wrong and an inability to understand their actions. If a defendant meets their jurisdiction’s legal definition for insanity at the time of the incident, they may not be held accountable for their actions.

Accidental Killing

If it can be shown that the killing occurred as the result of an accident, a defendant may not be charged with voluntary manslaughter. Using the accidental killing defense may not be enough to get a defendant out of any charges, but it may be possible to get a voluntary manslaughter charged reduced to an involuntary manslaughter charge. The name voluntary manslaughter suggests that there was an intent to kill or harm. Involuntary manslaughter results from negligent or reckless behavior, and the consequences and penalties may be less severe. If a defendant can show the victim’s death resulted from negligent or reckless behavior, voluntary manslaughter charges may be reduced.

Intoxication

Generally, intoxication will not excuse a person from criminal behavior. However, if the intoxication was involuntary (if someone was drugged against their will or without their knowledge), it may be a useful defense.

 

If you or someone you know is facing voluntary manslaughter charges, call Kyle today for your FREE consultation at (770) 744-5250.

 

Gun Rights In Georgia

Gun Rights In Georgia

Gun rights are a hot button issue for many Georgians, as evidenced by how often the issue is referenced in the evening news. If you are facing criminal charges and plead guilty, you can be denied your gun rights. Some charges can result in a loss of gun rights for up to ten years. Some of these convictions include threatening a police officer, possession of a deadly weapon with intent to intimidate a witness, or outright intimidation of a witness.

There are also some violent crimes that can lead to a loss of gun rights. These charges include assault, assault with a firearm, battery, and sexual battery. Domestic violence charges (even ones that don’t involve a firearm!) can also sometimes lead to a loss of gun rights. Stalking, threats, and harassment- even if there was no measurable harm done- can also lead to you losing your rights to own a firearm.

There are also “secret ban laws” in some places. These laws can cause a ten year firearm ban that can turn into a lifetime firearms ban. These same laws can also keep you from owning or possessing a firearm if you have a restraining order against you. If you feel like you may be in a position where these laws would apply to you, an experienced criminal defense attorney can help you navigate these laws and determine and maintain your rights.

Some other generic firearm ban laws apply to convicted felons, those who are mentally incompetent, insane, or disordered, and sex offenders.

 

While expungement can oftentimes be a great help, it doesn’t automatically mean your right to own a firearm will be restored. For example, if you’ve been convicted of brandishing or discharging a firearm, your charges could possibly be expunged, but you may still be subject to a lifetime firearm ban.

If you have been accused of a crime, or have a family member or friend who is in need of a criminal defense lawyer in Woodstock, GA, please contact Kyle today to learn more about the charges that are being faced and how to proceed. Kyle offers a free consultation and can answer any questions you may have on crimes, convictions, and firearm bans.

 

Child Abuse cases are our first priority

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