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Sometimes law enforcement will use coercion to gain entry into someone's home or office. These are just some of the many questions that the government is forced to answer in order to prove it's case beyond a reasonable doubt.Sometimes law enforcement won't have enough evidence to get a lawful search warrant. As you can tell, there are numerous avenues that can be explored to successfully defend a child pornography case. Mallonee defends child pornography cases out of his office in Fort Pierce, Florida.Please keep the victims and their families in your thoughts and prayers. Our sympathy goes out to the victums, famlies and everyone in our Orlando City Beautiful community affected by this tragedy. GLBT Community Center of Central Florida & Two Spirit Health Services, Inc.are coordinating mental health support today for all those in need. If you would like to help, the One Blood is in need of O negative, O positive, and AB Plasma.These Fort Pierce cases are not impossible to defend.The government has to get through a number of hurdles before they can prove a child pornography case beyond a reasonable doubt.It is now a 2nd degree felony, punishable by up to 15 years in prison in these kind of cases.The legislature has also made it clear that law enforcement officers can pretend to be minors online or on the phone and all the state has to prove is that the accused believed the other person was a minor.
Instead of enacting penalties that are reasonable, the punishment for these offenses has been dramatically and irrationally increased.
Under Florida state law, possession of child pornography is a 3rd degree felony punishable by up to 5 years in prison for each photo in possession of the accused, and often times the prosecution will file a new count for each image that they find.
In Federal court, possession of child pornography carries a maximum prison sentence of 10 years in prison.
There are a myriad of 4th Amendment issues that need to be researched and evaluated in every child pornography case. He represents people (Federal and State court) accused of crimes in all of the following counties: Fort Pierce (Fort Pierce, Port St.
As a board certified criminal trial specialist, Brian Mallonee tirelessly reviews every 4th Amendment issue with a fine tooth comb on every case he defends. Lucie), Indian River (Vero Beach, Sebastian), Martin (Stuart, Palm City), Okeechobee, and Highlands (Sebring).
The government must prove that the person accused of child pornography possession knew what was being downloaded. Sometimes the government will charge someone with multiple counts even though the person accused of the crimes was speaking to the same law enforcement officer during a series of chat room conversations.