ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Possession of Illegal Images Defense | Haskell & Dyer
A File on a Device Is Not the Same as a Person Who Knowingly Possessed It.
These cases hinge on digital forensics: who actually possessed the files, whether a device was shared, and how the evidence was obtained. We challenge each of those points, and we hold the State to proving knowing possession.
If You're Under Investigation
Do not talk to investigators and do not touch your devices. Call a lawyer first.
These cases are built on digital evidence, and they often begin before any charge is filed. Talking can hand the State the knowledge element, and altering or deleting data can become a separate, serious charge. With severe penalties and likely federal exposure on the line, stay silent, leave devices alone, and call a lawyer before any contact.
Where These Cases Are Won and Lost
Three Questions of Digital Forensics
The whole case usually rests on the digital evidence. Each of these questions is a place a real defense can be built.
Possession
Who Actually Had It
The State must prove you knowingly possessed the files, not just that they existed somewhere on a device. Automatic downloads, cached data, and files a person never knew about all raise real doubt.
Access
Whether the Device Was Shared
Shared computers, multiple users, open networks, and malware all mean more than one person could be responsible. A device is not proof of who put something on it.
The Search
How the Evidence Was Obtained
Warrants and searches must follow strict rules. If the search of a device or account was unlawful, the evidence the entire case rests on can be suppressed.
What's at Stake
Severe Penalties, Often Federal
These charges carry some of the most serious consequences in the law, at both the state and federal level.
Felony
Serious felony exposure, often per file
Federal
Frequent federal charges with heavy penalties
Registry
Sex offender registration, often for life
Record
Lasting harm to reputation and your future
How We Defend a Possession Charge
These cases live on the digital forensics. We bring in our own experts and challenge every link in the State's evidence.
We Bring In Forensic Experts
Our own digital forensic experts examine the device, the data, and how files actually got there.
We Challenge Knowing Possession
Automatic caching, downloads, and unknown files all undercut the claim that you knowingly possessed anything.
We Raise Shared Access
Shared devices, multiple users, open networks, and malware all create real doubt about who was responsible.
We Attack the Search
If the warrant was defective or the search exceeded it, we move to suppress the evidence the case depends on.
Common Questions
Possession of Illegal Images, Answered
The files were found on my device. Doesn't that prove I'm guilty?
No. The State has to prove you knowingly possessed them, not just that they existed somewhere on a device. Files can arrive through automatic downloads, caching, malware, or another user, all without a person's knowledge. Knowing possession is a real and central issue in these cases.
Other people used the same computer. Does that matter?
It can matter a great deal. Shared devices, multiple users, open networks, and malware all mean someone else could be responsible. A device is not the same as a person, and the State must connect the files to you specifically. That link is often a genuine weakness.
How important is how the police searched my devices?
It is often decisive. Searches of devices and accounts must follow strict warrant rules. If the warrant was defective, or the search went beyond what it allowed, we can move to suppress the evidence, and in these cases that evidence is frequently the entire foundation of the charge.
Could this be a federal case?
Often, yes. These charges frequently draw federal prosecution alongside or instead of state charges, and federal penalties are severe. Whether a case goes federal depends on the facts, and understanding and preparing for that exposure early is an important part of the defense.
What should I do right now?
Say nothing to investigators, do not touch or delete anything on your devices, and call a lawyer immediately. Altering data can create a new charge, and statements can supply the knowledge element. These cases turn entirely on the digital evidence, so getting a defense and forensic experts involved early matters enormously.
Facing a Possession Charge? The Digital Evidence Can Be Challenged.
These cases turn on who actually possessed the files and how the evidence was obtained. Everything you tell us stays confidential. Tell us what happened and get an honest read on your defense. The first conversation is free.
Under investigation or arrested? Call our 24/7 line now: 240-687-0179
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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