Maryland Criminal Attorney Blog“Moving forward, our office will continue to pursue stiff penalties [for child pornography cases] …”
Articles Posted in Child Pornography
Child Pornography Defendant Receives Probation Before Judgment in Harford County
I recently represented a young man in Harford County Circuit Court who was charged with Possession of Child Pornography. I am former prosecutor and career full time criminal defense attorney practicing exclusively criminal law for 22 years. I have defended scores of individuals charged with Possession and/or Distribution of Child Pornography and have blogged many times about the increasingly harsh penalties that are being sought by both state and federal prosecutors in these cases. The granting of probation before judgment in these cases is almost unheard of in recent times.
Child Pornography Arrests Increase in Baltimore County and Throughout the State
Representation in cases involving Possession and Distribution of Child Pornography require expertise that only an Aggressive Criminal Law Specialist can provide. I am a full time Maryland Criminal Attorney and former Baltimore County Assistant State’s Attorney with more than 20 years of experience. Throughout my career as a prosecutor and full time criminal defense attorney, I have handled hundreds of cases involving the Possession and/or Distribution of Child Pornography in Baltimore County and across the State. Over the last 20 years I am aware of no other criminal attorney in the state who has handled more of these cases than I have along with my partner, Former Assistant United State’s Attorney and Chief of the Sex Offense Unit, Andrew C. White. As I have written before on this blog, these cases are prosecuted extremely aggressively and often result in substantial state and federal prison sentences. This is why is is so imperative to hire attorneys who specialize in these types of cases.
Child Pornography Cases Prosecuted More Aggresively in Baltimore County Than in Other Jurisdcitions in Maryalnd
As an Aggressive Criminal Attorney and Former Baltimore County Prosecutor, I have defended dozens if not hundreds of individuals who have been charged with Possession and/or Distribution of Child Pornography. I have been practicing exclusively criminal defense for the last 17 years since leaving the Baltimore County State’s Attorney’s Office and handle these types of cases all over the State. There is simply no question that they are prosecuted more aggressively in Baltimore County than in most any other jurisdiction. For this reason, it is imperative to find a full time criminal attorney who has substantial experience handling Child Pornography cases, in Baltimore County.
I recently defended an individual in Baltimore County that is a good illustration of how aggressively these cases are prosecuted there. Here are the facts:
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Successful Representation in Child Pornography Case
As an aggressive Criminal Defense Attorney, who is also a former Assistant State’s Attorney, I have helped numerous clients accused or charged with possession or distribution of child pornography. These serious charges can be prosecuted in State court or Federal court. Since State criminal charges are different than Federal criminal charges, which often carry far more severe punishment, I team up with my partner and former Federal Prosecutor Andrew White, who led the sex offense unit of the United States Attorney’s Office for more than 7 years. Over the years Andy has had tremendous success using his connections to have these cases prosecuted in State courts where there are no minimum mandatory sentences, as there are in the federal system. However, even in State court, these serious crimes may result in a felony conviction, extended prison sentences and the requirement to register as a sex offender.
Serious consequences In Maryland, a conviction even for Misdemeanor Possession of Child Porn mandates registration as a Tier I Sex Offender for 15 years. A conviction for Felony Distribution or Possession with the Intent to Distribute Child Porn mandates registration as a Tier II Sex Offender for 25 years. Additionally, a charge of possession for distribution of child pornography will likely impact every aspect of your life. From job prospects, to where you can live, to not being able to step on the property of your child’s school, to having the police notify your neighbors of your status, as well as inclusion on sex offender websites with your exact home address and picture.
I recently had a young man facing these daunting consequences. Here is what happened:
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Child Pornography Case Successfully Resolved – No Felony – No Sex Offender Registration – No Jail
As a former Assistant State’s Attorney and current Aggressive Criminal Defense Attorney with decades of experience, I have handled scores of cases involving the illegal Possession and Distribution of Child Pornography. These cases can be charged in state court or in federal court where the penalties are far more severe. For this reason, I always team up with my partner Andrew White to work these cases as Andy is a former Federal Prosecutor who headed up the sex offense unit for 7 years. He has been very successful over the years at convincing his former colleagues to defer prosecution in these matters to the state courts. Even in State court, however, These are serious crimes that carry the possibility of a felony conviction and extended prison sentences. It may come as a surprise to some to learn that a even a conviction for Misdemeanor Possession of Child Pornography requires mandatory registration as a Tier I Sex Offender for 15 years. A conviction for Felony Distribution or Possession with the Intent to Distribute Child Pornography requires registration as a Tier II Sex Offender for 25 years.
Distribution of Child Pornography
As an Aggressive Criminal Attorney and former prosecutor with 20 years of experience, I have been involved in the prosecution of hundreds of cases involving the possession and distribution of Child Pornography, on both sides of the aisle. These are very serious offenses that almost invariably result in the incarceration of defendants who are convicted.
Because the Child Pornography is almost always distributed and downloaded from the internet, there is dual federal and state jurisdiction to prosecute these cases. Often the mere threat of a federal prosecution is enough to convince defendants charged in the state system to accept plea bargains because the penalties in the federal system are draconian and mandatory. Anyone charged with these very serious charges needs to immediately retain an experienced criminal defense attorney to represent them. As I said, I have handled many of these cases. Here are the specifics on one I handled recently.
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Johns Hopkins Gynecologist Dr. Nikita A. Levy
Sexual assault and child pornography. These words have thus far been missing from the discussion concerning former Hopkins doctor Nikita A. Levy’s alleged filming of his patients in various states of undress. Dr. Levy’s alleged actions constitute a form of sexual assault against every patient he filmed in this manner. Moreover, Dr. Levy (and potentially others) are guilty of possessing, manufacturing and distributing child pornography to the extent that any of the victims were under age 18.
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John Hopkins Gynecologist Nikita Levy Likely Violated Child Pornography and Other Criminal Statutes
As a Former Baltimore Prosecutor and current criminal attorney I have been involved in the prosecution of hundreds of child sex offenders. The disgraced and now deceased Johns Hopkins Gynecologist, Dr. Nikita Levy, would have likely faced prosecution under multiple federal and state criminal statutes had he not apparently committed suicide. The police are conducting an investigation that could potentially lead to charges against others if they either conspired with him to collect the images without the knowledge of the victims or if the materials were distributed to by others. In addition to many other areas of practice at STSW, we have a Practice Area Exclusively Dedicated to the Protection of Victim’s Rights.
Among the most serious charges that could have been filed against Dr. Levy and anyone who may have participated with him in these crimes, are charges involving the possession, distribution and manufacture of child pornography. According to news reports, many of his long time patients sent subsequently sent their daughters to him for gynecological care. Assuming any of the large cache of photos allegedly found in his home, turn out to be of minor victims, these statutes have undoubtedly been violated.
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Child Pornography Distribution – Lime Wire and Similar File Sharing Programs
As a Baltimore Maryland Criminal Defense Lawyer/Attorney I have represented many people charged with various offenses related to the possession, distribution and manufacturing of child pornography. Jurisdiction exists to prosecute these cases in both Federal Court by the US Attorney’s Office and the State Court system. As in the case in most crimes for which there is dual jurisdiction, the penalties are much harsher in the federal system. In fact, there are mandatory minimum sentences in Federal Court of 5 years for receiving, 10 years for distribution, and 15 years for manufacturing child pornography. There are mandatory sentences in the state system.
In recent years, these matters have received much higher priority from both state and federal prosecutors and the two authorities collaborate closely on these cases. In what many on the defense side see as an unfair tactic, state prosecutors often use the threat of federal prosecution to convince (some say coerce) a defendant charged in the state system, to plead guilty. I am currently representing a man who is charged with distribution of child pornography who finds himself facing this very situation. I have handled many cases like this as a Baltimore Criminal Defense Attorney but what makes this case different is that the State’s theory for proving my client’s intent to distribute is his use of a file sharing program called Limewire. Here are the facts:
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Federal and Maryland State Child Pornography Laws
Recent reporting is a good example of both the increasing severity of federal sentences as well as an increased emphasis on federal prosecutions for those who are caught possessing and/or trading in child pornography. As a former Assistant United State’s Attorney for the District of Maryland I have both prosecuted as well as defended hundreds of cases involving child pornography.
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