Some of the most shocking and stomach-turning crimes that are committed in America are those that include children as the victims. In an age where the Internet is at our fingertips, the exploitation of children has become a very real problem—particularly when it comes to child pornography.
As a criminal defense attorney in Woodbridge, New Jersey, Edward Vaisman says that when a client seeks his representation, he sees to it that the accused person receives the fair trial that he deserves under the Constitution.
When an individual is charged with child pornography, the defense will most likely raise the question of the child in question’s actual age. In order to prove that someone is guilty of possession of pornography involving a child, Vaisman says, it has to be proven the person in the material is actually under the age of 18. This is particularly difficult for the prosecutor to prove since many times, the identity of the child is unknown or the alleged minor does not appear in court to prove his or her actual year of birth.
In fact, he explains, most of the time, cases of this nature do not ever move forward because the victim is unknown. Most cases of child pornography are only prosecuted, he says, when an undercover person is involved. This means that someone is merely posing as a minor in cooperation with authorities because then you have a victim who can serve as a witness against the accused.
In many other ways, however, Vaisman explains, child pornography cases unfold like any other criminal investigation. The first thing in any criminal defense, he says, is that you need to thoroughly analyze the evidence and make sure that all of the evidence and discovery that is available is being presented in court. Too often, the government withholds certain information, but it is the responsibility of a criminal defense attorney to make sure that everything is brought forward and that all of the information is properly tested and proven.
Additionally, Vaisman says, whenever a person is charged with a crime, there is a certain statute that corresponds with the particular crime. This statute then has to be thoroughly reviewed to understand the intent involved. Furthermore, he says, the crime that the alleged is accused of must fit within the charge of the statute. Otherwise, the person is not guilty. When the case makes it to trial, it then becomes the defense attorney’s responsibility to prove to the jury that the accused did not perform that acts that are outlined within the statute.
Beyond investigating the prosecution’s claims, the expert witnesses that are called to testify against the defendant must also be examined as well. Sometimes, Vaisman explains, the witnesses are in the midst of their own criminal cases and will agree to testify in order to negotiate their own plea deals with the government. This is why it is crucial to test their motives, he says, and to make the jury aware of any possible doubt. For instance, he says, if it is a foreign speaking case where a translator is involved, you should always have your own interpretation of the recordings as well in case the government-provided translation fails to be accurate.
If the government cannot prove its case with solid evidence, then the accused will go free. This is why it remains critically important to test all of the evidence and to raise questions about the validity of the charges as they pertain to each particular legal situation. Even though child pornography may be a sensitive subject, each client accused still deserves the representation of a qualified and skilled criminal defense lawyer.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.