Richmond Child Pornography Investigations
Sex crimes cases involving pornography often focus on the individual’s possession or intent to possess the pornography they were charged for. Richmond child pornography investigations can seem daunting to those arrested for a sex crime involving a minor. However, a distinguished child pornography lawyer can help you both understand and prepare you for your interactions with local law enforcement.
Defining the Prosecution’s Burden of Proof
Following Richmond child pornography investigations, prosecutors for the Commonwealth have to prove possession in court. Most cases require proof of actual possession which means they must prove that the property was in the person’s care, custody, or control. They may try to prove constructive possession which is considered a possession offense without the items in question being physically on the person. These cases often involve pornography found in someone’s car or home. Many consider on the phone as actual possession, but a computer is normally going to be in their house. This is going based on the new trend towards child porn being on computers and not in print.
Accidental Possession Offenses
If someone is unaware of their holding of a narcotic or pornography, they might not be charged with possession. For example, if someone borrows a cell phone which is unknowingly riddled with child pornography, the court could recognize that the presence of that phone on their person was not their fault. They may not be considered guilty of possessing the child pornography due to their lack of intent.
Types of Evidence in Child Pornography Investigations
Evidence in Richmond child pornography investigations is usually digital. Evidence often includes actual child pornography like photos and videos of minors engaging in sexual acts. Generally, the law categorizes two kinds of sexual offenders. One is considered a predator who typically use illegal acts because they want power or want to hurt people. Others may suffer illness and feel a sense of remorse. These considerations impact the approach a prosecutor may take during trial. That also changes the way in which the prosecutors may approach them, including the good and the bad. The good for the individual is that it makes them want to help them as opposed to incarcerating them.
Agencies Typically Involved in Child Pornography Cases
Child Protective Services (CPS) is normally going to be involved in these types of situations. It depends on the individuals involved, but most of the time Child Protective Services is involved. The Commonwealth attorney’s office or the prosecuting offices are going to be involved in the investigation when deciding what somebody should be charged with when dealing with child pornography cases. The Richmond Police Department is going to be involved in the prosecution and the investigation of the child pornography cases. Deeper into the Richmond Police Department, detectives who work for regional vice squad are going to be involved in the overall investigation and the bringing of the charges.
Understanding the Possession Investigation Process
Often, the Commonwealth attorney’s office and the Police Department are strategic when dealing with child pornography cases. They may fear alerting the individual by sending out a warrant for their arrest. However, some may view Richmond child pornography investigations as opportunities to improve their behavior.
If they are working with other people, they may be alerted as well. Law enforcement often takes their time with Richmond child pornography investigations. They do so by pulling as much information as they possibly can before directly indicating the individual in circuit court. This may eliminate the person’s opportunity of a preliminary hearing.
