With almost all your personal information and media linked to the internet nowadays, protecting your online presence is necessary.
Unfortunately, child pornography is a reality of life on the internet. If you find yourself in a situation where you are charged for possessing or distributing it, you should be aware of the consequences and know how to fight for your case. A child pornography lawyer can help guide you through the legal process and ensure that you receive a fair trial.
Richard Fedorowicz provides legal representation to those charged with child pornography offences in the Greater Toronto Area. He is dedicated to ensuring that those accused of these crimes receive a fair trial and have easy access to experienced and knowledgeable legal counsel.
As an experienced lawyer, Richard provides legal advice and services to individuals charged with child pornography offences. He works with clients to ensure that their charges are appropriately defended and that their rights are protected. His goal is to provide clients with the best possible outcome in their case.
What Are Child Pornography Charges?
A child pornography charge is a serious offence that, if convicted, will result in a lengthy prison sentence and a requirement to register as a sex offender.
The crime of child pornography is defined as the production, possession, distribution, or advertisement of any visual, written, and audio representation of a minor engaged in sexually explicit conduct. Visual representations can include photographs, videos, digital images, drawings, and sculptures. Even if the child is not involved in sexual activity, depicting their genitalia or pubic area is sufficient to support a conviction for child pornography.
Child pornography charges are aggressively investigated and prosecuted by a specialized team police and prosecutors. If you are charged with a child pornography offence, it’s essential to speak with an experienced criminal defence attorney who can help you build a strong defence and protect your rights.
Arrest And Bail
When a person is arrested on child pornography charges in Canada, they will likely be facing some severe consequences depending on the severity of the offence. In most cases, those convicted of child pornography charges will be required to register as sex offenders. The exact consequences will vary depending on the case’s specifics and the discretion of the judge.
However, like all other arrest procedures, you will also be told of your rights to counsel. You will be given the right to find a criminal defence lawyer in Canada who is an expert in child pornography charges following your arrest.
Child Pornography Laws In Canada
Child pornography is complex, and obtaining legal advice and defence is the best choice you can make for your case.
Depending on your case and criminal record, the police can directly release you or hold you for a bail hearing. Even when released, there will be conditions attached to your release, including banning you from communicating with children under sixteen years old. The prosecutor may suggest terms that are unreasonable, such as not being in possession of a cell phone. Richard will fight to ensure this does not happen.
Richard will guide you every step of the way if you are held for bail, ensuring that your are treated properly and fairly by police and dealing directly with the Crown Attorney to secure your immediate release and on the least restrictive terms possible.
Once inside the court hearing, your lawyer will be responsible for providing the plan for your release to the Crown. Typically, this includes one or more sureties who will take responsibility for your supervision in the community. Your lawyer will also provide the plan for your release to the Crown Attorney, who will decide whether to agree or contest your release on bail. This depends on the severity of the case, your ability to follow conditions, and if you have breached previous bails.
A contested bail will lead you to a bail hearing where the Crown will make submissions on why you should be detained, while your lawyer will make submissions, based on the plan of release, on why you you should be released into the community. The Court will then makes its decision. However, if the Court considers your release, you will still be under certain conditions that may include:
- Being under surety’s supervision
- Travel restrictions
- No contact with underage individuals
- No use of drugs and alcohol
- Restrictions on the use of computers and cell phones.
Obtaining bail is a challenge for child pornography charges. If you face this case, you must retain a qualified and experienced lawyer to defend you. An experienced child pornography lawyer like Richard Fedorowicz will know how to investigate the allegations against you, challenge the evidence, and negotiate with prosecutors. If your case goes to trial, he will be able to defend your rights and fight for the best possible outcome.
Schedule a Consultation With Richard Fedorowicz Today
Defending Against Child Pornography Charges
Once you’re out on bail, your lawyer will start preparing a solid defence for the case. He is responsible for asking the Crown for a full disclosure of evidence against them. The government is obliged to provide any information related to the case, whether it be used in court proceedings or not. Obtaining disclosure ensures accused of crimes, who are presumed innocent, get a fair trial by providing all details surrounding the case, so that you can properly defend the charges.
Hiring a lawyer can be an advantage in court, as they will know all legal procedures and rules that may apply to your case, which could only come from counsel who has been legally trained to navigate the law proceedings.
Once disclosure is received, your lawyer and Crown will meet to discuss your case, often referred to as a “Crown Pretrial”. At this meeting, the lawyers would identify issues with outstanding disclosure (evidence) and will discuss whether your case can be settled without a trial. If no agreement is reached, a “Judicial Pre-Trial” will likely be be required, where the lawyers and judge will discuss what the issues for your case are (such whether any applications will be filed under the Charter of Rights and Freedoms) and how long the trial will take. If you don’t have a lawyer, the meeting with the Crown Attorney and Judge will be held in open court.
Is It Vital To Hire A Lawyer For Child Pornography Charges?
There are several reasons why it is vital to hire a lawyer if you are charged with child pornography.
Firstly, child pornography is a serious criminal offence that will in most cases carry a jail sentence upon conviction. You need someone well-versed in dealing with law and legal procedures to ensure a favourable result.
Secondly, the police will usually ask for your computers and other electronic devices to be seized as part of their investigation. This means you will need legal advice to ensure that your rights are protected and that the police do not unlawfully search or seize your property.
Thirdly, if you are convicted of child pornography offences, you will be required to register as a sex offender, which will have a significant impact on your life.
Finally, it is crucial to have legal representation to ensure that you receive a fair trial and that all evidence against you is properly handled to have the best chance of succeeding in your case.
Contact Richard Fedorowicz
If you face child pornography charges, it is important to work with an experienced criminal lawyer who can help build a strong defense on your behalf. Richard Fedorowicz has extensive experience defending clients against various criminal charges, including child pornography. He understands the complex legal issues involved in these cases and knows how to challenge the evidence against you.
Contact us at Fedorowicz Law Firm to schedule a consultation!
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