Kaufman County Possession of Child Pornography Attorney

Are You Looking for the Best Kaufman County Possession of Child Pornography Attorney?

If you’re looking for the best Kaufman County Possession of Child Pornography attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Kaufman County Possession of Child Pornography cases.

The Saputo Toufexis | Criminal Defense team seeks to represent discerning clients who value our commitment to achieving outstanding results. Our attorneys have dedicated their careers to criminal defense and maintain an unwavering dedication to delivering expert representation.

We’re not just Kaufman County Possession of Child Pornography lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. As your Kaufman County Possession of Child Pornography attorney, we can handle every aspect of your case, both inside and outside the courtroom in Kaufman.

Our experienced team works tirelessly to build a strong defense and protect our clients’ rights. We can provide you with an effective defense strategy for your Kaufman County Electronic Transmission of Certain Visual Material Depicting Minor case. Call us or book an appointment online today.

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Contact a Kaufman County
Possession of Child Pornography Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Kaufman County Possession of Child Pornography Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Possession of Child Pornography charge dropped in Kaufman County, Texas?

In order to get a Possession of Child Pornography charge dropped in Kaufman County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §43.26.^[1] Our lawyers are experts in the Texas law regarding Possession of Child Pornography, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Possession of Child Pornography statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Possession of Child Pornography statute in detail on the Possession of Child Pornography offense page. We also maintain our expertise by keeping up with the latest case law affecting Possession of Child Pornography cases in Kaufman County.

One such case is Carter v. State.

Carter v. State

In Carter v. State, the Court of Appeals of Texas Fifth District Dallas on December 14, 2006, affirmed Anthony Bruce Carter’s conviction for four counts of Possession of Child Pornography in Kaufman County. The conviction followed a jury trial that resulted in an eight-year sentence and a $1,500 fine for each count, with the trial court suspending the sentence and placing Carter on community supervision for eight years. The case originated from an anonymous tip about Carter’s participation in an internet chat room, leading to a search and seizure of his computer, where several images depicting child pornography were found. Carter challenged the legal and factual sufficiency of the evidence supporting the convictions, particularly focusing on the possession aspect and the age of the individuals depicted in the images.

The appellate court’s review affirmed the trial court’s judgments, finding sufficient evidence to support Carter’s convictions. The court highlighted that Carter’s inconsistent statements regarding the reception and deletion of the images, his ability to delete the files, and his admissions both in written statements to the police and in his testimony at trial contributed to the sufficiency of the evidence. Furthermore, the appellate court addressed Carter’s challenge regarding the age of the individuals depicted in the images, stating that the jury was within its rights to determine that the images depicted individuals under the age of 18 based on the evidence presented, including expert testimony and the jury’s review of the images themselves.

This case underscores the importance of evidence regarding possession and intent in child pornography cases, as well as the jury’s role in interpreting such evidence, including determining the age of individuals depicted in the material. The decision highlights the court’s reliance on a combination of direct and circumstantial evidence to affirm convictions for possession of child pornography, reinforcing the legal standards for proving such offenses.

What does a Possession of Child Pornography charge really mean?

The general definition of the Texas charge of Possession of Child Pornography, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if:

(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and

(2) the person knows that the material depicts the child as described by Subdivision (1).

(e) A person commits an offense if:

(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and

(2) the person knows that the material depicts the child as described by Subsection (a)(1).

How can I defend against a child porn charge?

The statute provides an affirmative defense for people who are close in age to the depicted person. The statute also provides an affirmative defense if you can establish that your conduct was for a “bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose” In addition, the statute provides a defense to prosecution for school administrators and law enforcement.

But the most important aspect of defending yourself against a child porn charge is your lawyer. Do not attempt to represent yourself. Please schedule a consultation with us to discuss the best options for your defense.

Our defense strategies usually include attacking the state’s burden to prove that you “knowingly or intentionally possessed” the visual material. It is not necessarily true that files that you had access to means that you knowingly or intentionally possessed those files or knowingly or intentionally accessed with intent to view those files. Another common defense is that the person depicted was in fact over 18 years old. Remember that it is the state attorney’s obligation to prove that the child is actually under 18. Finally, the state’s attorney has to prove that you knew material depicts a child under 18 years old. Whether or not you knew the material was depicting someone under 18 is a common element that a good criminal defense lawyer canattack.

Law Enforcement Agencies in Kaufman County that Make Possession of Child Pornography Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Possession of Child Pornography in Kaufman County. Law enforcement agencies in Kaufman County that most typically make Possession of Child Pornography arrests include:

• The Kaufman County Sheriff’s Office
• Forney Police Department. Forney PD has jurisdiction within its city limits and makes Possession of Child Pornography arrests.
• The Terrell Police Department. Terrell, another city within Kaufman County, also has jurisdiction within its city limits for Possession of Child Pornography cases.
• Crandall Police Department, a smaller city in Kaufman County, enforces Possession of Child Pornography laws within its city limits.

How do I win a Possession of Child Pornography case in Kaufman County?

To beat a Possession of Child Pornography charge in Kaufman County, Texas, you must use due process to confront all witnesses and challenge all evidence, which includes disputing reasonable suspicion, probable cause, and all forensic evidence. Winning requires a fight.

Even if you believe you cannot beat the case, as your Kaufman County Possession of Child Pornography attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Kaufman County Possession of Child Pornography Attorney Case Defense Strategy

Getting the best result in a Kaufman County Possession of Child Pornography case requires being fully prepared for all hearings and court settings – not just trials. Accordingly, when you hire us as your Kaufman County Possession of Child Pornography attorney, we prepare early and thoroughly. As soon as we get on a case, the Kaufman County District Attorney’s Office knows that we are getting ready for trial. They know that we are going for an outright acquittal.

But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.

As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does it cost to fight a Kaufman County, Texas, Possession of Child Pornography case?

Attorney’s fees will vary. However, you can expect to pay from on average for Possession of Child Pornography cases in Kaufman County. Some Kaufman County Possession of Child Pornography lawyers may charge much more depending on the complexity of the Kaufman County case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What You Should Do if You Are Falsely Accused of Possession of Child Pornography in Kaufman County

Even when falsely accused of Possession of Child Pornography, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Kaufman County District Attorney has charged you with Possession of Child Pornography, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Kaufman County Possession of Child Pornography attorneys.

How can you modify your Kaufman County bond conditions after a Possession of Child Pornography arrest?

Start by consulting with your Kaufman County Possession of Child Pornography attorney. Work closely with your attorney to build a compelling case for the requested modifications.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Kaufman County arraignment?

At your arraignment, a Kaufman County judge will hear your plea of not guilty. In Kaufman County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Possession of Child Pornography, then Texas Code of Criminal Procedure §17.40 requires Kaufman County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Kaufman County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Kaufman County Possession of Child Pornography charge in Kaufman County?

The Texas Penal Code defines the penalty range for Possession of Child Pornography offenses across Texas. The classification for a Possession of Child Pornography offense ranges from a first degree felony with a minimum 25-year prison term to a third degree felony, depending on the circumstances. However, it is important to consider the potential collateral consequences of a Possession of Child Pornography conviction. These collateral consequences are additional penalties not directly outlined in the penal code’s penalty scheme, but nonetheless accompany the conviction. Your Kaufman County Possession of Child Pornography attorney should discuss these consequences with you before you decide how to handle your case.

The exact penalty one might face from a Possession of Child Pornography conviction varies greatly, influenced by factors such as you prior criminal record and the offense specifics. You can find details on the penalty range for all Possession of Child Pornography here. For specifics on typical penalties in Kaufman County Possession of Child Pornography cases, call us to schedule a consultation or book a consultation online.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Kaufman County Possession of Child Pornography lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Kaufman County Possession of Child Pornography attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

Paul Saputo is an excellent attorney who really goes above and beyond for his client, I’d trust him with anything, do not hesitate to call him.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §43.26.