Massachusetts Criminal Defense Attorney Blog

Mark McConnell of Osborne Street in Salem, Massachusetts has been charged with Possession of Child Pornography and Distribution or Dissemination of Child Pornography in the Salem District Court. It is alleged that McConnell had downloaded photos and videos of girls who according to the district attorney had been Raped and Kidnapped. The prosecution stated that McConnell used a file-sharing program to access the illicit material. Bail was set at ten thousand dollars cash. Apparently McConnell was caught by law enforcement logging on to a file sharing service on June 15, 2010. His IP address was accessed and a Search Warrant was issued. McConnell's computer was seized during the search. Over seven hundred illicit photos were found on the hard drive. It is unclear as to whether this case will be prosecuted in the district court or the Essex County Superior Court. It is also possible that this case will be prosecuted in the Massachusetts Federal District Court.

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http://www.salemnews.com/local/x1907082991/48-year-old-man-charged-with-possessing-child-porn

Salem, Massachusetts Child Pornography Defense Lawyer

Possession of Child Pornography and Dissemination of Child Pornography are both felonies in Massachusetts. The former is prohibited by Massachusetts General Laws Chapter 272 Section 29C. A conviction for that offense carries a maximum five year state prison sentence. The latter crime is proscribed by Massachusetts General Laws Chapter 272 Section 29B. A conviction for that crime carries a minimum ten year sentence and up to twenty years in state prison. Prosecutors in Massachusetts take the position that file sharing constitutes distribution even if the defendant downloaded the material only and never actually sent the material to someone else. This is a major point of litigation in these cases right now. Anyone charged with one of these crimes in Massachusetts should immediately hire an experienced Massachusetts Criminal Lawyer who has defended Child Pornography cases. McConnell will likely have defenses to these charges and pursuing these defenses should start now.

Continue reading "Salem Man, 48 Charged With Possession, Distribution Of Child Pornography" »

Middleboro, Massachusetts resident Christopher Roy was detained in a Texas airport on June 12, 2010. He had been suspected of purchasing memberships to Child Pornography websites. Authorities entered his laptop and found Child Pornography videos on the hard drive. Roy admitted to downloading thirty five such videos over the preceding two weeks. On June 16, 2010 charges were filed in Federal Court in Texas against Roy. That same day he was arrested in Middleboro. The case will be prosecuted in federal court in Texas.

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http://www.enterprisenews.com/news/cops_and_courts/x2071993664/Middleboro-man-arrested-on-child-pornography-charges

Massachusetts Search and Seizure Lawyer

It appears that the viability of the government's case hinges on the legality of the search of the laptop. Understandably customs and airport officials will search through bags for contraband particularly at international terminals. However, the question is how much authority do they have. Is it legal for them to turn on the computer and search the hard drive absent probable cause and a search warrant. This is most likely the issue that Roy's Federal Criminal Defense Lawyer will most vigorously litigate. In Massachusetts, countless cases are thrown out yearly as a result of law enforcement's unlawful searches and seizures. Hiring an Experienced Massachusetts Criminal Lawyer is the first step anyone should take towards fighting against violations of constitutional rights.

Continue reading "Massachusetts Man Arrested, Charged With Possession Of Child Pornography" »

Richard Hall, 61 of Marshfield, Massachusetts was arrested two days ago by Marshfield Police. It was reported that the police were notified by authorities in Illinois that Hall might be a part of a child pornography ring. This operation possibly consisted of chat room members who shared Child Porngraphy files over the internet. With this information local law enforcement obtained a search warrant. Armed with this Search Warrant they entered Hall's Forest Street home around 9:30 Monday night. They located pictures of children engaged in sexual acts. They also seized several computer hard drives. Bail was set in the Plymouth District Court at three thousand dollars. Hall faces charges of Distributing Photographic Material of Children in a Nude State, Possessing Child Pornography and Distribution of Material Depicting Children in a Sexual Act. This case will probably be prosecuted in the Plymouth County Superior Court in Brockton.

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http://www.patriotledger.com/news/cops_and_courts/x1602636442/Marshfield-man-arrested-on-pornography-charges

Plymouth County Massachusetts Child Pornography Defense Attorney

More and more you read about people getting charged with some sort of Child Pornography Crime in Massachusetts. Law enforcement officials seem to be more dedicated to patrolling the internet to catch offenders. Most police departments now have computer crimes units. Many district attorneys offices units dedicated to the prosecution of internet crimes, particularly those involving Child Pornography. The Massachusetts Attorney Generals office has an excellent unit devoted to prosecuting these cases. Defending these crimes requires a certain degree of computer forensic knowledge. As a Massachusetts Criminal Defense Lawyer who defends many Child Pornography related allegations I recommend engaging the services of a computer forensics expert who can investigate the viability and accuracy of the charges and who can also educate the defense attorney on the strengths and weaknesses of the district attorney's case. As with any crime, these cases can be successfully defended.

Continue reading "Marshfield Massachusetts Man, 61 Charged With Possession And Distribution Of Child Pornography" »

The Brockton Enterprise reported today that George Lunt of Plymouth, Massachusetts has been charged in Massachusetts Federal Court with two counts of Transportation of Child Pornography and One Count of Possession of Child Pornography. The indictment reflects incidents alleged to have occurred in November of 2008 and January of 2009. The article provided no detail of the criminal activity nor were there any detailed press releases.

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http://www.enterprisenews.com/news/cops_and_courts/x1621115924/US-attorney-brings-child-pornography-charges-against-Plymouth-man

Massachusetts Child Pornography Defense Lawyer

Transporting Child Pornography and Possessing Child Pornography are Federal Crimes proscribed by 18 U.S.C. Section 2252A. The law prohibits Receiving Child Pornography, Distributing Child Pornography and Reproducing Child Pornography. It makes no difference whether the material is physically in a person's possession or on his or her computer. Transportation of Child Pornography under this statute carries a five year minimum sentence and a maximum of twenty years. Possession of Child Pornography carries no minimum and up to ten years in prison. There are affirmative defenses to these charges. If the person portrayed as a child was actually an adult at the time the material was produced no crime has been committed. The article makes no mention of the facts of the acts George Lunt is alleged to have committed.

Continue reading "Plymouth Man Charged With Transportation Of Child Pornography In Massachusetts Federal District Court" »

Alan Greco is sixty two years old. The Massachusetts resident was convicted of several counts of Possession of Child Pornography yesterday in the Newburyport District Court. According to reports Greco was receiving Child Pornography in the mail from a distributor located in California. A database found in the distribution center listed Greco as a customer who had ordered several movies. Greco was arrested when an undercover official posing as a postal worker delivered Child Porn to Greco at his home. The defendant's home was searched after his arrest. Several hundred videos depicting acts of child pornography were found in his home. Grecon denied having sex with minors. As part of his sentence Greco will be on probation after his release, must register as a sex offender and undergo treatment and counseling.

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Child Pornography Charges Land Massachusetts Man In Jail

Possession of Child Porn in Massachusetts is a felony in accordance with Massachusetts General Laws Chapter 272 Section 29C. The district attorney can prosecute this case in either the district court or the superior court. As with any district court felony case there is a maximum two and one half year house of correction that can be imposed. In the superior court these charges can result in a five year state prison sentence. The imposition of jail time for first offenders in child porn possession cases is considered a high sentence by many. Often times convictions for this offense result in probation. Sex Offender Registry Board consequences are inevitable regardless of the sentence.

Continue reading "Massachusetts Man Jailed After Child Pornography Conviction" »

Jeremy Fife has been charged with Possession of Child Pornography stemming from an incident that occurred at a swimming pool supply business, Fife's place of employment. This past weekend a store manager opened Fife's laptop and found the desktop filled with files suggestive of child pornography. Danvers, Massachusetts police were immediately called and they began to question Fife. Fife claimed that the files were accidentally downloaded by a file sharing program that was supposed to download music. Fife claimed to have deleted as many files as he could however authorities found at least one hundred photographs depicting child pornography. The judge sitting the Salem, Massachusetts District Court set bail at ten thousand dollars and ordered Fife to have no contact with children, not go near any schools, and not possess or use a computer.

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Child Pornography Charges Issue Against Massachusetts Man

Possession of Child Pornographic Material is a crime in Massachusetts in accordance with Massachusetts General Laws Chapter 272 Section 29C. This crime is a felony in Massachusetts and a conviction of this offense can subject you to up to five years in state prison. A typical defense to this crime is an individual's lack of intent. It is often argued that the material was sent to the defendant gratuitously. I often recommend to my clients charged with this type of offense to engage a computer expert who can examine the computer's hard drive and determine whether the defendant actively procured the material or was himself the victim of someone else's criminal activity. While these experts can be expensive I highly recommend them in cases such as this one.

Continue reading "Judge In Salem Massachusetts Court Sets Bail At $10,000 For Man Accused Of Collecting Child Pornography" »

In July of 2007 a Quincy Police officer saw William McKinley "acting affectionately" with a teenager in the lobby of a hotel.  After an investigation the officer learned that the subject had been "red flagged" by a federal agency for possible sex crimes involving a minor.  Subsequently McKinley's hotel room was raided.  A laptop containing pictures of child pornographic material was found on its hard drive.  Also in the room was the teenager who the officer observed earlier, later identified as a sixteen year old boy.  The boy told the police that McKinley gave him a drink, showed him pictures of naked boys and that the two had sex.  No charges were brought against McKinley for having sex with the boy but he was charged with possession of child pornography and distributing obscene material to a minor.  He was sentenced to three years in state prison.  McKinley has already served time for cocaine charges and indecent assault on a child. 

Read Article:  Massachusetts Man Convicted of Violating Child Pornography Laws

It is likely that the child pornography statute under which McKinley was prosecuted is Massachusetts General Laws Chapter 272 Section 29C.  That law makes it a crime to possess child pornography and permits a sentence of up to 5 years in prison for the first offense.  There is a minimum mandatory sentence of 5 years on second offenses.   

Continue reading "Massachusetts Man Given 3 Years By Norfolk Superior Court Judge On Child Pornography Charges" »