ANAHEIM - A troubling case that began last year will soon come to trial. One John Richard Nash, a resident of Anaheim, has been accused of both possessing and distributing child pornography.
Nash came to the attention of authorities when the several law enforcement groups began tracking the online trading of child pornography. Authorities say that this led them to Nash, whose computer allegedly had pornographic images of minors on the HD. The arresting authorities also claim that he intended to upload them so that others might obtain these images.
Having been arrested in November of last year, Nash's first appearance in criminal court will take place on March 28. He has entered a "not guilty" plea.
Several different crimes fall under the umbrella category of child pornography, which is defined as images of minors (anyone under the age of 18) performing sexual or obscene acts. Even possessing such images without intent to sell or distribute is considered a crime.
Sex crime defense attorney at Law Offices of Michael Guisti, an Orange county based law firm, advised that any one who searches on to internet need to remember that Internet service provider keeps track of your whereabouts on the Internet. As such, if you are seen entering suspicious sites (even if you don't actually download anything), your actions might still attract the attention of your ISP. They, in turn, may inform the police, who will then begin monitoring you.
Being accused of possessing or trading child pornography is among the most serious charges that you can face. The punishments are extensive. If convicted for the misdemeanor version of the crime, you will probably have to pay a fine and spend a year in county jail. If the crime is considered a felony, your may have to spend eight years in state prison and $100,000 in fines.
However, the punishment doesn't stop there. Simply being accused of this crime can have a devastating effect on your reputation. Whatever goodwill you might have earned over the years may disappear overnight.
If you are convicted in a court of law and do your time, you'll still have to deal with the stigma. Employers will be unlikely to hire someone who's been convicted of such a crime. Not only that, but you will probably have to register as a sex offender.
Being listed as a sex offender has a tremendous impact on where you can live and what you can do. California has very tough laws in this regard. You can go to prison for three years just for forgetting to register as a sex offender when moving to a new area. Registration also furthers the stigma, as this makes it impossible (or at least very difficult) to move on with your life.
These are all compelling reasons for you to hire the best possible criminal defense attorney. Not only will conviction deprive you of freedom, it will also forever destroy your reputation. You cannot afford to take chances in this area.
A good lawyer can make a big difference. This is particularly the case when it comes to child pornography. There's no surefire way to determine whether or not an image is obscene. Courts use the Miller Test, which relies on community standards and other subjective measurements, to define obscenity. A defense lawyer can capitalize on this gray area.
Further, the prosecutor and district attorney must prove that you knew the material was child pornography. You may not have had any way of knowing if the people in an image were actually minors. It's also possible that you may have accidentally downloaded the offending images and never even wanted to see them.
Finally, there's also the possibility that the police did not correctly handle your case. There could have been irregularities or missteps in the arrest that render the charge invalid.
If you are ever accused of possessing child pornography in Southern California, call the Law Offices of Michael L. Guisti without delay. The lawyers at this firm have decades of experience and have a reputation for providing excellent legal defense. They understand how stressful it is to be accused of such an action, and will do everything within their power to help you through this difficult time.