A charge relating to possessing, making, accessing, or distributing will can turn your life upside down. It can tear your family apart and destroy your reputation in your community. Few other allegations have the capacity to horrify and disgust the community like charges in relation to child porn.

Everybody charged with this serious crime deserves a compassionate lawyer who will mount the strongest defence available. Let Calgary Criminal Lawyers help you navigate the ordeal of being charged with a child pornography offence, and work towards restoring your reputation and relationships that may have suffered.

The Charge

There are 4 different offences in relation to child pornography:

  • 1) possessing it;
  • 2) viewing or accessing it;
  • 3) making, publishing, printing, or possessing for the purpose of publishing it; and
  • 4) transmitting, selling, distributing, or making it available.

Bail

Our work will start very early in the process, when the time comes to determine whether or not you will be held in custody until your charges are dealt with by the courts. We will put your best foot forward to ensure you are released on appropriate conditions, so that you can continue living your life with some degree of normalcy while your charge goes through the courts. You can expect to be released on conditions that severely limit your access to the internet and children. We can ensure that those conditions are not overly broad, and that all reasonable exceptions are made in your case.

The Defence

Where there is a suspicion of a child pornography offence, a crack team of specialized police detectives will conduct the investigation. They use advanced and complicated investigative techniques which often result in the discovery of very complicated computer evidence. In addition, their methods of investigating may encroach on your constitutional rights to privacy, freedom of speech, and freedom from unlawful searches of your computer.

Calgary Criminal Lawyers have the legal expertise and experience to identify any legal problems with the conduct of the police investigation. Let us go to work for you right away!

In addition, all child pornography charges are prosecuted by an experienced Crown Prosecutor from the Specialized Prosecutions branch of Alberta Justice.

It is critical that you have a talented and tenacious lawyer in your corner. Your defence will likely involve complicated rules of evidence and require an excellent knowledge of constitutional law. We bring all those qualities to the defence of your charges. Our defence may focus on any of the following issues:

  • Can the police prove that you were the one using the computer at the time child pornography was accessed, distributed, or possessed?
  • Is there anyone else in your household who could have been responsible for these offences?
  • Do you have a defence based on a legitimate purpose related to art, science, education, or medicine?

The Sentence

The following jail sentences are available for child pornography offences:

  • Making, printing, publishing: minimum 6 months or one year in jail (depending on how the Crown proceeds); maximum 10 years
  • Distributing, selling, or making available: minimum of 6 months or 1 year incarceration (depending on how the Crown proceeds), maximum of 10 years
  • Possessing: minimum of 90 days or 6 months in jail (depending on how the Crown proceeds); maximum of 5 years
  • Accessing: at least 90 days or 6 months in jail (depending on how the Crown proceeds); 5 years maximum

The judge can also make an order of Sex Offender registration for between 10 and 20 years.

You may also be ordered to follow additional orders FOR THE REST OF YOUR LIFE:

  • Do not access the internet;
  • Not go near any school, public park, pool, or any other place children under 16 are likely to be;
  • Have no contact or communication with anyone under 16.

A conviction for a child pornography could have severe consequences for decades. Let Criminal Lawyers help keep the damage to an absolute minimum. We may be able to negotiate a plea to a less serious offence, or limit the aggravating facts that are put before the Judge. We will give the judge an individualized personal profile of you that highlights all the mitigating facts and your prospects for rehabilitation in a truthful and persuasive way.