Arrested for possession of child pornography:

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Everything from spreading hatr on social media to sending harassing or threatening messages can attract criminal charges. There is also an ever-growing sphere of sexual crimes, like child luring, publication of an intimate image, and possession of child pornography.  

Child pornography charges can be particularly devastating as the mere accusation can ruin your reputation and lead to loss of employment, custody and more. The consequences are long-lasting if convicted, with jail sentences being the norm. 

We understand that people are more than than just the criminal charges they may face. We provide clients with a judgement-free zone and provide guidance and resources to get the help you may need. We can’t begin to understand what you may be going through, but we are ready to work together to help mitigate the damages and obtain the best possible outcome.

What to Do if You Have Been Charged with Possession of Child Pornography

Excercise Your Right to Remain Silient

If you’ve been charged with an internet related crime, it is crucial to exercise your right to remain silent and avoid making any statements to the police. 

The role of law enforcement is to gather evidence, not to act as judge or jury. They provide information to the prosecutor to help them decide whether or not to authorize criminal charges. It is imperative that you only discuss your case with your lawyer.

Respect Your Conditions

Upon arrest, you will may receive a promise to appear that includes specific conditions. You must read and respect these conditions. Failing to comply with your conditions can lead to further criminal charges against you and greatly complicate our ability to resolve your file.

Although these conditions may be a source of stress, they can be modified either by consent of the Crown or through an application to Superior Court.

Speak with a Criminal Lawyer Today

You no doubt have a number of questions and are rightly concerned about your future. You need the guidance and support of experienced counsel who have repeatedly helped people just like you.

Contact us today to learn how we can guide you through this challenging time. We are fully prepared to take on your case!

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UNDERSTANDING INTERNET OFFENCES AND WHAT TO EXPECT

What child pornography offences exist, and what are the consequences of conviction?

There are three main offences relating to child pornography: possession, distribution, and creation. Those convicted of such offences can expect to receive jail sentences. The Supreme Court in R v. Friesen underscored the harm that sexual offences cause to minors and urged lower courts to begin enforcing harsher sentences. As such, jail is now the norm, and all negotiations are uphill battles.

What is the crime of publication of an intimate image without consent?

It is a criminal offence to publish, share, or make publicly available an intimate image of another individual without their explicit consent. This offence varies in gravity, ranging from showing a private image to a friend to publishing “revenge porn” on the internet. The severity of these actions implies a disregard for an individual’s privacy and autonomy, and, thus, they are taken with utmost seriousness by our Courts. While these offences do not carry mandatory minimum sentences (meaning that a discharge is theoretically available), the principles of denunciation and deterrence are the main principles of sentencing. Ultimately, we can mitigate the damages as much as possible through negotiation and highlighting rehabilitation.

What is the crime of harassing communications?

Harassing communications involves repeatedly communicating with an individual with the intention of harassing them through any form of telecommunications. This has largely been used to target “cyberbullying” in the modern era. Notably, the crime requires repeated communications (meaning it must take place more than once) and must be by means of telecommunication (meaning it must be done through an electronic medium).

What happens if I’m convicted of an internet offence?

A conviction for an internet offence can severely impact your employment, academic admissibility, immigration, and other spheres of your life. The sentencing landscape varies case-by-case, especially if the crime relates to a minor. Those facing charges involving minors should be aware that, if convicted, under s. 161 of the Criminal Code, a prohibition order may be put into place that could limit your ability to obtain employment in specific fields, be in physical proximity to (or communicate with) minors, and even place limits on your internet usage. In this sense, the impact of a conviction for internet crimes is far-reaching and extends far beyond questions of the imposition of a criminal record or jail sentence.

I’ve been charged with an internet offence, how can this be resolved?

When it comes to resolving internet offences, based on the nature of the crime, we take an approach that focuses on self-improvement and presenting the best version of the offender. We work from day one to build a profile and begin a long period of rehabilitation to negotiate the file and mitigate the damages as much as possible. Depending on the facts of the specific case and the individual profile, mitigation could be decreasing the quantum of jail served or even, in some cases, avoiding firm jail altogether. That being said, sometimes the way in which the evidence was gathered can lead to the challenging of the search warrant or the use of a Charter motion to get certain evidence excluded. Ultimately every case is different and a strategy is put into place based on the individual objectives of the client.

If you’ve been charged with an internet offence, the time to act is now. We’ve helped others facing similar situations in the past and we will do everything in our power to help you as well. Contact us today for a consultation.

Facing criminal charges in Montreal or surrounding areas? Contact us now—we’re here to help!

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