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<\/figure>\n\n\n\nEssential Information You Should Know About What You Can Expect In A Connecticut Misdemeanor Possessing Child Pornography Case<\/h2>\n\n\n\n
If You or a Loved One find Yourselves being investigated or arrested for Misdemeanor Possessing Child Pornography in Connecticut, You are no doubt scared and full of questions. At Kevin Smith, Attorney at Law LLC<\/a>, our team stands ready to speak with You and answer those questions. A Free, Confidential initial consultation can be done with just a phone call, and You can expect to get answers to the questions below, as well as any other case-specific questions You may have.<\/p>\n\n\n\n If you or a loved one are charged with Misdemeanor Possessing Child Pornography, also known as Possessing or Transmitting Child Pornography by Minor<\/a>, in violation of Connecticut General Statutes Section 53a-196h<\/a>, the stakes simply could not be any higher. Misdemeanor Possessing Child Pornography in Connecticut is a Class A Misdemeanor<\/a>, and penalties you face if convicted of Misdemeanor Possessing Child Pornography include: <\/p>\n\n\n\n Though no two cases are identical and every Connecticut Criminal case will proceed differently on an individual basis, there are certain procedures and phases common to all Connecticut Criminal cases that you or a loved one charged with Misdemeanor Possessing Child Pornography can expect to encounter. Proceedings and phases you can generally expect in Connecticut Misdemeanor Possessing Child Pornography cases include:<\/p>\n\n\n\n Investigations in Connecticut Misdemeanor Possessing Child Pornography cases take place before an Arrest; may be conducted by local, state, or federal law enforcement agencies; and may also include Grand Jury proceedings. These investigations often involve the execution of search warrants, interviews with witnesses, and collection of evidence from the scene or suspects. <\/p>\n\n\n\n If you or a loved one find yourself the target of a Connecticut Misdemeanor Possessing Child Pornography investigation, you have the absolute right to an attorney and to remain silent if you or a loved one are questioned by law enforcement. The right to an attorney<\/a> and the right to remain silent<\/a> are guaranteed by the United States Constitution<\/a> and the Connecticut Constitution<\/a>, and you should exercise them decisively and aggressively. <\/p>\n\n\n\n Remember<\/strong>: law enforcement agents are not required to be truthful with suspects<\/em>, and what you say to law enforcement CAN AND WILL BE USED AGAINST YOU. Your best defense against mistakenly forfeiting your rights is to retain counsel as soon as you or a loved one learns that you are the target or a suspect in a Connecticut Misdemeanor Possessing Child Pornography case. <\/p>\n\n\n\n Our Connecticut Misdemeanor Possessing Child Pornography attorneys can then:<\/p>\n\n\n\n In some cases, our Connecticut Misdemeanor Possessing Child Pornography attorneys can prevent an arrest of you or a loved one in a Connecticut Misdemeanor Possessing Child Pornography investigation. <\/p>\n\n\n\n In these instances, we may be able to provide law enforcement with evidence that demonstrates your innocence, or evidence that undermines the credibility of evidence already in their possession. <\/p>\n\n\n\n Each case, however, is different, and the best way to determine if a Connecticut Misdemeanor Possessing Child Pornography arrest can be prevented is to contact one of our Connecticut Misdemeanor Possessing Child Pornography attorneys for a free consultation as soon as you become aware that you or a loved one are the target of–or a suspect in– a Connecticut Misdemeanor Possessing Child Pornography investigation.<\/p>\n\n\n\n In some cases, an Arrest cannot be prevented in a Connecticut Misdemeanor Possessing Child Pornography case. <\/p>\n\n\n\n In these cases, law enforcement officers will either make an on site arrest, or else they will apply for and be granted an Arrest Warrant. The Arrest Warrant may be the result of the Connecticut Misdemeanor Possessing Child Pornography investigation conducted by law enforcement agencies, or a Grand Jury indictment following a Grand Jury investigation. <\/p>\n\n\n\n Once an Arrest Warrant issues, the subject of the Arrest Warrant will either be involuntarily taken into custody by law enforcement, or allowed to turn him or herself in voluntarily. <\/p>\n\n\n\n If you or a loved one find yourself the subject of an Arrest Warrant in a Connecticut Misdemeanor Possessing Child Pornography case, our Connecticut Misdemeanor Possessing Child Pornography attorneys can arrange for a voluntary turn in, and allow you to make the necessary preparations rather than being blindsided at your home or business by arresting officers. Our Connecticut Misdemeanor Possessing Child Pornography attorneys can also discuss with you the options for posting bail or remaining in custody.<\/p>\n\n\n\n Arraignment is the formal name used for the first Court appearance before a judge by a Defendant in a Connecticut Misdemeanor Possessing Child Pornography case. Once a person has been arrested and arraigned in Court, they are known as a Defendant. <\/p>\n\n\n\n At arraignment, the State’s Attorney will generally read the charges against the Defendant, make an argument regarding the Defendant’s bail and conditions of release, and provide some initial disclosures of the evidence against the Defendant. Arraignment is also the Defendant’s first opportunity in a Connecticut Misdemeanor Possessing Child Pornography case to plead not guilty, make arguments regarding bail and conditions of release, and make formal discovery requests for evidence. <\/p>\n\n\n\n Our Connecticut Misdemeanor Possessing Child Pornography attorneys will represent you or your loved one at Arraignment by gathering evidence to support arguments for a reasonable bail and conditions of release, and to support your plea of not guilty. Our attorneys will also make discovery requests in order to ensure that all evidence the State’s Attorney intends to use in its case is disclosed to the defense.<\/p>\n\n\n\n Once a Defendant has been arraigned in a Connecticut Misdemeanor Possessing Child Pornography case, they will then enter the Pre-Trial phase of the case. <\/p>\n\n\n\n During the Pre-Trial phase of a Connecticut Misdemeanor Possessing Child Pornography case, the Defendant and his or her attorney will generally be required to make a Court appearance once a month, though in some instances the time between Court appearances may be longer or shorter. <\/p>\n\n\n\n At these Pre-Trial Court appearances, the Defendant’s attorney and the State’s Attorney will discuss the case, exchange evidence, and raise any legal issues with a judge. Negotiations to resolve the case, often called “Plea Negotiations” or “Plea Bargaining”, also take place during the Pre-Trial phase. Although there is no set time limit for the Pre-Trial phase of a Connecticut Misdemeanor Possessing Child Pornography case, it typically lasts for as long as 12-18 months. <\/p>\n\n\n\n At Kevin Smith, Attorney at Law LLC, our Connecticut Misdemeanor Possessing Child Pornography attorneys will represent you or a loved one during all aspects of the Pre-Trial phase by reviewing evidence with you, conveying to you all negotiations with the State’s Attorney, and protecting your right to plead not guilty and preserve your innocence throughout the process.<\/p>\n\n\n\n A Defendant in a Connecticut Criminal case is entitled to Plead Not Guilty and demand a Trial, either by a Judge or a Jury. At a Trial in a Connecticut Misdemeanor Possessing Child Pornography case, the State’s Attorney will be required to prove the Defendant guilty by a burden of proof known as proof Beyond a Reasonable Doubt. In order to do so, the State’s Attorney will have to prove each Essential Element of the crime of Misdemeanor Possessing Child Pornography Beyond a Reasonable Doubt. <\/p>\n\n\n\n According to the Connecticut Criminal Jury Instructions<\/a>, the Essential Elements, or legal components, of the crime of Misdemeanor Possessing Child Pornography in Connecticut that the State’s Attorney must prove Beyond a Reasonable Doubt are:<\/p>\n\n\n\n In plain English, this means that the State’s Attorney will have to prove Four things. <\/p>\n\n\n\n First, the State’s Attorney must prove that the Defendant was Under 18 Years of Age at the time of the Crime. <\/p>\n\n\n\n Second, The State’s Attorney must also prove that the Defendant Possessed the Images or Depictions Knowingly, meaning that the Defendant was aware of the sexually explicit nature of the Images or Depictions and that the People Depicted were under the age of 16.<\/p>\n\n\n\n Third, the State’s Attorney must also prove that the Subject of the Transmitted Images or Depictions was Under 16 Years of Age.<\/p>\n\n\n\n Finally, the State’s Attorney must prove that the Individual who is the Subject of the Visual Depiction Knowingly and Voluntarily Transmitted the Image to the Defendant By Means of an Electronic Communication Device, such as any electronic device that is capable of transmitting a visual depiction, including a computer, computer network and computer system, or a cellular or wireless telephone. <\/p>\n\n\n\n If you or a loved one are charged with Misdemeanor Possessing Child Pornography in Connecticut, you should know that there are a number of defenses that must be explored. Some common defenses to Misdemeanor Possessing Child Pornography in Connecticut are listed below. If you or a loved one are charged with Misdemeanor Possessing Child Pornography in Connecticut, our attorneys will rigorously and methodically review the evidence and the law and exhaust all possible defenses for you.<\/p>\n\n\n\n An Alibi Defense in Connecticut involves establishing that the Defendant could not have committed the Misdemeanor Possessing Child Pornography because he or she was physically in another location. In a Misdemeanor Possessing Child Pornography case in Connecticut, an Alibi Defense may involve establishing that the Defendant could not have had or did not have access to the device used to view or store the Images or Depictions.<\/p>\n\n\n\n A Mistaken Identity Defense in Connecticut involves establishing that the Defendant has mistakenly been identified as the person who committed the Misdemeanor Possessing Child Pornography by Minor, often by an eyewitness who is either confused or wrongfully accusing the Defendant. In a Misdemeanor Possessing Child Pornography case in Connecticut, a Mistaken Identity Defense may involve establishing that someone else accessed, viewed, or otherwise possessed the Images or Depictions by unlawfully using a device or other means that belonged to the Defendant.<\/p>\n\n\n\n A Third Party Culpability Defense in Connecticut involves establishing that another person committed the Misdemeanor Possessing Child Pornography, similar to a Mistaken Identity Defense. In a Misdemeanor Possessing Child Pornography case in Connecticut, a Third Party Culpability Defense may involve establishing that someone else accessed, viewed, or otherwise possessed the Images or Depictions by unlawfully using a device or other means that belonged to the Defendant.<\/p>\n\n\n\n Under Connecticut General Statutes Section 53a-13<\/a>, a Lack of Capacity Due to Mental Disease or Defect\/Insanity Defense in Connecticut<\/a>, also commonly referred to as an NGRI (Not Guilty by Reason of Insanity) Defense, involves establishing that the Defendant at the time of the offense lacked the substantial capacity to appreciate the wrongfulness of his or her conduct or to control his or her conduct within the requirements of the law. This defense is often highly technical and requires the testimony of an expert or experts. At Kevin Smith, Attorney at Law LLC, one of our Connecticut Misdemeanor Possessing Child Pornography attorneys will review all the evidence and conduct legal research necessary to guide you to the appropriate expert or experts and mount the strongest defense available based on the specific circumstances of your case.<\/p>\n\n\n\n A Duress Defense involves establishing that the Defendant only committed a crime because he or she was under threat of violence or other immediate and substantial harm, and that he or she was unable to resist or otherwise avoid that harm without committing the crime. In a Connecticut Misdemeanor Possessing Child Pornography case, a Duress Defense may involve proving that another person held a gun to the Defendant’s head and threatened to kill him or her in order to force them to Possess the Child Pornography.<\/p>\n\n\n\n Under Connecticut General Statutes section 53a-196g<\/a>, Connecticut law provides for two Affirmative Defenses to Misdemeanor Possessing Child Pornography. <\/p>\n\n\n\nWhat Are The Penalties For Misdemeanor Possessing Child Pornography In Connecticut?<\/h3>\n\n\n\n
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How Possessing Misdemeanor Possessing Child Pornography Cases Work In Connecticut<\/h3>\n\n\n\n
Pre-Arrest Investigation<\/h4>\n\n\n\n
What Rights Do I Have During a Connecticut Misdemeanor Possessing Child Pornography Investigation?<\/h5>\n\n\n\n
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Can An Arrest Be Prevented In A Connecticut Misdemeanor Possessing Child Pornography Investigation?<\/h5>\n\n\n\n
Arrest<\/h4>\n\n\n\n
Arraignment<\/h4>\n\n\n\n
Pre-Trial<\/h4>\n\n\n\n
Trial<\/h4>\n\n\n\n
What Counts As Misdemeanor Possessing Child Pornography In Connecticut? What Does The State’s Attorney Have To Prove In A Connecticut Misdemeanor Possessing Child Pornography Case? <\/h3>\n\n\n\n
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How Do You Fight a Connecticut Misdemeanor Possessing Child Pornography Charge? Can You Win?<\/h3>\n\n\n\n
Defenses to Misdemeanor Possessing Child Pornography in Connecticut<\/h4>\n\n\n\n
Alibi<\/h5>\n\n\n\n
Mistaken Identity<\/h5>\n\n\n\n
Third Party Culpability<\/h5>\n\n\n\n
Lack of Capacity Due To Mental Disease Or Defect\/ Insanity Defense<\/h5>\n\n\n\n
Duress<\/h5>\n\n\n\n
Statutory Affirmative Defenses<\/h5>\n\n\n\n