Articles Posted in Child Pornography

Florida Court Discusses Restitution in Child Pornography Cases
The Law Office of Genine Ann Mejia, P.A.

In many instances in which a person is convicted of a crime, the court will not only sentence the person to a prison term but will also order the person to pay restitution. What constitutes reasonable restitution is often disputed between the parties. This was demonstrated in a recent child pornography case in Florida in…

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Florida Court Discusses Admission of Evidence of Other Crimes
The Law Office of Genine Ann Mejia, P.A.

When people are charged with possessing or distributing child pornography, it is because an investigation revealed pornography in their possession. In most instances, the State cannot introduce evidence of wrongful acts to support the assertion that a person committed a crime, but in some circumstances, such evidence is admissible. The grounds for admitting evidence of…

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Florida Court Discusses Hearsay Evidence in Child Pornography Cases
The Law Office of Genine Ann Mejia, P.A.

In many criminal cases, the State will lack direct evidence that a defendant committed a crime and will rely on circumstantial evidence to demonstrate the defendant’s guilt. While circumstantial evidence is generally permissible, hearsay evidence is typically not. As such, if a conviction is based on hearsay evidence, it may constitute grounds for reversal, as…

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Florida Court Explains Requirements for Seeking Compassionate Release
The Law Office of Genine Ann Mejia, P.A.

The COVID-19 pandemic has impacted seemingly every aspect of society, including those who are currently incarcerated. In some cases, the pandemic serves as grounds for granting incarcerated individuals compassionate release. The courts do not readily grant compassionate release requests, however, and there are certain measures a party must take before a request is even considered.…

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Florida Court Discusses Intent in Child Pornography Crimes
The Law Office of Genine Ann Mejia, P.A.

Many criminal statutes include an element of intent. In other words, the prosecution must prove that the defendant possessed the mental state needed to commit the crime to obtain a conviction. In child pornography cases that involve the use of technology and sharing of files, however, the prosecution may not be able to establish intent.…

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