Lakeland, FL (Law Firm Newswire) August 14 , 2013 — If this kind of bust can happen in Idaho, it can also happen in Florida.
“Child pornography is, to most people, an abominable offense, worthy of locking someone up for years and throwing away the key. While that reaction is understandable, we should remember that just because someone was arrested and charged with possession of child pornography or transporting child pornography, that they may not have committed that specific crime, or just happened to be in the wrong place at the wrong time,” said Thomas Grajek, a Lakeland criminal defense lawyer.
People should not immediately jump to the to conclusion that someone arrested for having graphic images of young children in their computer is guilty of sourcing, downloading and selling, sharing/transporting or viewing them. The computer may not belong to the person arrested. They may not have been aware they had pornographic material on their computer. Or, they may have known they had such material on their computer, but did not participate in acquiring it, and did not know taking it with them is a crime.
“The point is, everyone is not only entitled to a defense, no matter what the crime, but the facts of the case may well eventually show that the person charged is indeed not guilty. And should the facts indicate that the person charged did commit the crime they are accused of, there is usually extenuating circumstances, such as a first time offender, an unlucky individual led to believe it was not an offense, and so forth,” Grajek added. The circumstances of a case dictates the court’s ruling at the end of a trial.
Consider the case of an Idaho man who was stopped by U.S. Customs and Border Protection officers, who indicated they wanted to do a secondary inspection of his luggage, more specifically, his laptop computer. The man had been on a cruise ship that travelled to the Bahamas and he was stopped on his return to the U.S. Customs agents found 1,162 explicit pornographic pictures and videos of children loaded onto the laptop. They had been downloaded prior to the man’s trip.
“Each case like this is different and each case has its own back story, and while I cannot comment on the specifics of this man’s charges and sentencing, I can say that if someone in a similar situation is facing being charged with a sex crime in Florida, they need to speak to an experienced criminal defense attorney as soon as possible. The rules of evidence are different in cases like this and you will need an attorney to guide you through the judicial system,” said Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
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