What to Do if You Are Charged
If you discover that you are under investigation or have been formally charged in a child pornography matter, your actions immediately following that discovery may have a significant impact on the outcome of your case.
If you are charged, the first and most important thing to do is to exercise your right to remain silent. No matter what, anything you say to federal agents can and will be used against you. Do not try to talk yourself out of the situation, justify your conduct, or make any promises without first consulting with an attorney.
Second, do not delete or alter any files. It is very tempting to try to minimize the potential exposure once you have been charged, but this act is considered an obstruction of justice and will only compound the problem. Even deleted and temporary internet files can be recovered by forensic experts.
Third, contact an attorney as soon as possible. Time is of the essence. The sooner you contact an attorney, the more time your attorney will have to go over the evidence, attack the constitutionality of any searches and seizures, and develop an appropriate defense strategy. Waiting provides the government with additional time to strengthen its case against you.