Child pornography charges — whether state or federal — are among the most serious criminal offenses a person can face. Federal charges under 18 U.S.C. §2252 carry mandatory minimum sentences and lifetime sex offender registration. If you are under investigation or have been charged, you must retain an experienced defense attorney immediately. Do not speak with investigators without counsel.
Federal vs. State Charges
The majority of child pornography cases are prosecuted federally by the FBI, HSI (Homeland Security Investigations), and the U.S. Attorney’s Office. Federal sentences are determined by the U.S. Sentencing Guidelines and carry mandatory minimums — typically 5 years for possession and 10+ years for distribution.
Critical Defense Issues
- Was the device search lawful? Did agents have a valid warrant?
- IP address attribution — does an IP address definitively identify a specific person?
- Shared networks and shared devices
- Entrapment by undercover operations
- Sentencing mitigation — psychological evaluation, lack of prior history
What to Do If You Are Under Investigation
Do not talk to investigators. Do not consent to device searches without a warrant. Contact Herman Martinez immediately at (713) 242-1779. Early retention of counsel can fundamentally change the outcome.