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Trojan Horse Defense – Michael Fiala
I co-authored an article on this topic in 2004 that was published in the Santa Clara Law & Technology Journal. Back then, there was only one case where this defense was used and that was in a...
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Virtual Child Pornography is a phantom defense
I don’t view virtual child pornography as a viable defense. Most modern video games contain characters that appear to be human. However, the technology and the skill needed to create such life like...
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Jury Selection
Selecting a jury for a child pornography case will be extremely difficult. Unfortunately, not every jurisdiction allows for attorney conducted voir dire or an voir dire statement by the attorney....
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Opening Statement
The opening statement in any trial can be the most difficult part of the trial for the defense attorney in any case. After all, we don’t known exactly what the witnesses will say and most of the...
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The witnesses that the State will call
Of course, every child pornography case is different and who the State will case is dependent upon the facts of the case, the possible defenses and the personal style of the prosecutor. Nevertheless,...
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Should the Defendant testify?
Some criminal defense attorneys take the position that the defendant should never testify. This is foolish and I have had great success with the defendant testifying. Of course, if you do it enough, it...
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Summation
Everyone has their own style of how to practice and there are countless articles, books, etc. on how to give a proper summation. Truth is that there is just no one way. Who knows if the summation is...
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What the State may argue at sentencing
Defense attorneys representing a client convicted of a child pornography charge must be prepared for the State to file a hard hitting brief with the Court absent a solid plea offer making same...
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Do not let the State double count
The State may try to argue that there are numerous aggravating factors even if the defendant has no criminal record. They may point to the number of files, the descriptions of the files and the ages of...
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Use evaluation to show low risk or recidivism
If your client is found guilty either through plea or trial, it is important to have the client evaluated for a risk assessment. First of all, the Court will likely order it anyway so it is helpful to...
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Motion Practice
Motion in limine to keep out videos per stipulation May Hearing Motion to suppress statement Motion to dismiss the indictment Motion in limine to keep out 404b evidence
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The State’s Tactics
Program installation required user to set to share – counter, can they prove defendant installed it? Viewing is possession – counter, absent statement, cannot prove viewing Usernames and Passwords –...
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Defenses
Virtual Child Pornography is a phantom defense Trojan Horse Defense – Michael Fiala SODDI Mistake as to sharing Accident Not really a child
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Trial
Summation Should the Defendant testify? The witnesses that the State will call Opening Statement Jury Selection
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Sentencing Issues
Use evaluation to show low risk or recidivism Do not let the State double count What the State may argue at sentencing
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New Jersey Lawyers Wins Child Pornography Distribution Trial
B.A. Union County This case went on for years due to a number of factors including extensive pre-trial litigation. When the day for trial finally came, we were ready. The State was convinced that the...
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Middlesex County Child Pornography Attorney helps client avoid prison for...
K.W. Middlesex County This was one of the first child pornography distribution cases via cell phone. The procedural history of the case is rather interesting. The client first had a child pornography...
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Monmouth County Child Pornography Lawyers helps clients avoid criminal charges
The H Family Monmouth County This was a very fun case. The client was actually a family, both parents and a child. The family computer was brought to Best Buy where child pornography was found. The...
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Middlesex County Child Pornography Attorney Gets Case Dismissed For Client
S.H. Middlesex County With this case, the client was facing a Federal investigation for child pornography possession. After several months of working the file, the Federal investigation was dismissed...
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Essex County Child Pornography Lawyer Helps Client Avoid Serious Prison Time
A.D. Essex County Client was charged with child pornography distribution and possession. However, upon further investigation, the client was found to had sexually explicit chats with a number of...
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