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Criminal defense: Man faces child porn charges

A raid of a Manilus home by the New York State Police has resulted in an arrest. A 35-year-old upstate man stands charged with possession of child pornography as well as several weapons charges. Police say the man is still in custody; he is being held at a local jail against $15,000 bail. It is unknown if he has retained criminal defense representation at this time, as no court date has been announced for his case. 

Police say they were tipped off by the National Center for Missing and Exploited Children, though they did not elaborate on the nature of the information provided to them. It was apparently enough, however, to obtain a search warrant for the man's home in the interest of locating alleged child pornography that had been uploaded to the internet. The raid was conducted on July 6. 

Police have not confirmed what was seized from the home, but they say the firearm charges stemmed from officers finding an assault rifle that did not conform to rules pertaining to the size of allowable ammunition clips. The man now faces three counts of possession of child pornography, three further counts of promoting child pornography, as well as criminal possession of a firearm. If he is found guilty, he could be facing serious jail time. 

It will be the responsibility of New York prosecutors to prove that he was indeed in possession of illicit material, and that he was actively disseminating it. Material found on computers is not always put there by the machine's owner, and it may be challenging for prosecutors to prove conclusively that the man was not the victim of circumstance or a cyber attack. Criminal defense may wish to retain computer experts as part of an overall strategy to protect the accused best interests while fighting for a successful result. 

Source: syracuse.com, "Manlius man charged with having child porn, illegal gun, state police say", Ken Sturtz, July 8, 2017

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