Top 4 points for building a strong defense for a client charged with child pornography
Atchuthan Sriskandarajah
CEO of Multinational Law Firm | Law Offices of SRIS, P.C. | Chief Strategy Consultant
1. Presumption of Innocence: Assert the client's presumption of innocence and challenge the prosecution to prove their guilt beyond a reasonable doubt. This fundamental principle underscores the burden on the prosecution to provide compelling evidence.
2. Examination of Evidence: Scrutinize all evidence presented by the prosecution, especially digital evidence, to challenge its authenticity, integrity, and the circumstances of its collection. This may involve forensic analysis and expert testimony to cast doubt on the prosecution's case.
3. Mistaken Identity: Investigate the possibility of mistaken identity and explore alternative explanations for the presence of illicit material, such as unauthorized access to the client's devices or accounts by others.
4. Mitigating Factors and Rehabilitation: Highlight any mitigating factors that could support a more favorable outcome for the client, such as evidence of remorse, cooperation, or participation in rehabilitation programs. Presenting the client as a candidate for rehabilitation can humanize them in the eyes of the court and potentially lead to a more lenient sentence if convicted.
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