FEDERAL CHILD PORNOGRAPHY CRIMES BY Los Angeles U.S. Court CRIMINAL DEFENSE LAWYER J SHEMARIA

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By Federal Criminal Defense Attorney J. SHEMARIA

Five Critical Points When FBI Have Federal Criminal Search Warrant for Your Home!

1. Never give-up your right to remain silent, even in the face of apparent hopelessness! Child pornography on a computer, in and of itself, regardless of quantity, cannot be prosecuted without a live human being the government can prove received, possessed, manufactured or sold the content. You're no match for the federal agents who arrive at your door. They are well-trained on how to get you to feel alone, guilty and vulnerable, often by having you read the search warrant. They are experts in getting suspects to talk! Once you start, they never finish until they have what they want. Heads they win; tails you lose! Miranda rights are never required as the agents are careful to make certain it appears that you are not "in custody." Miranda rights are only required if a suspect is in custody; hence, they rarely put you in custody! They will find you when they want you and they are ready for you. Your statements will come back to haunt you, even if they're not what you actually said!

2.Three categories to be aware of: (1) possession and/or receipt (the least serious, but depending upon quantity, content, etc. may still carry 60 months in prison); (2) importation (the bulk of all child pornography here in the US is imported); (3) manufacturing and/or production (minimum mandatory 15 years). There is such registration under federal law. There are different periods of time for different categories of offenders. The states differ on registration requirements (California requires life-time registration).

3.Federal agents have sophisticated 24/7 software defined persons downloading child pornography. They monitor sites such as peer-to-peer sites just waiting for you to sign on. Once detected, It takes a considerable period of time for law enforcement to obtain your individual information from your local service provider and to do the other necessary law enforcement backup work to obtain a search warrant for a 6 AM unexpected visit one fine morning! Just asking a child under the age of 14 to take some pics (of his/her genitals) and to e-mail them to you, can cost you dearly, as that is, believe it or not, considered "production."

4.Once you are charged, even if you have no defense at all, an experienced federal criminal defense attorney can, in some cases, still win your case through creative motions, such as a motion to suppress the evidence (making it unusable in federal court), motion to exclude your statements/confession, etc. Even if there are no "good motions" to win the case, an experienced federal criminal defense lawyer can sometimes convince the Feds that you are just "curious," not a hard-core pedophile. Oh yes, it does make a difference! A big difference in terms of your conviction and your punishment. Sometimes timing is critical. The first federal prosecutor may be inexperienced and think the case is just "run-of-the-mill," unaware that you may have been logging on and downloading "kiddy porn" for a long period of time or have replicated or distributed some of it, even if not-for-profit. In this case, an experienced federal criminal lawyer can take advantage by moving in quickly to settle the case for far less in terms of the type of conviction and punishment you receive, as opposed to what you would receive if the case proceeds along and falls into the hands of a real hardliner. These are extremely difficult calls even the most experienced criminal defense lawyers, let alone a novice.

5.It is difficult to be cool and patient while awaiting the federal criminal justice process. However, in this author's opinion, rarely does anything good come about quickly for a federal criminal defendant charged with a child pornography offense. Hire the best and most experienced federal criminal defense lawyer you can find. It is not likely that you will ever Make a better or more important investment for yourself, your family and the future. . . If your attorney thinks your best bet is to plead guilty, there is still a great deal that can be done to help the situation. Always consider the wisdom of hiring a federal sentencing consultant to assist the judge in seeing and understanding all of the good things you have done in your life, as opposed to the single "bad thing,"-- one which most federal probation officers will concentrate on and preparing your "PSR" (presentence report).

For more information, contact Joseph Shemaria, 800-898-9555, A Federal Criminal Defense Lawyer:

www.FederalCrimesLawyers.com