Child Pornography Defense Attorney in Fort Myers

Former-Prosecutor Insight for Child Sexual Abuse Material Allegations

Child pornography and child sexual abuse material allegations require an immediate, evidence-focused defense. At Brian L. Edwards, Esq., we represent people facing these accusations in Fort Myers and throughout Lee County. Brian L. Edwards, Esq., a lifetime resident of the county, represents both individuals contacted by investigators and those who have already been arrested.

Brian L. Edwards, Esq. is a former Assistant State Attorney with more than two decades of trial experience on both the prosecution and defense sides. He understands the local criminal courts and the procedures that can shape a serious felony case.

If you need a child pornography defense attorney in Fort Myers, call (239) 204-5657 so we can begin assessing the allegations and available evidence.

Florida Charges Under Statute 827.071

Florida Statute 827.071 uses the term child sexual abuse material, which it defines as an image depicting a minor engaged in sexual conduct. The statute makes it unlawful to knowingly solicit, possess, control, or intentionally view this material. Whether the prosecution can prove knowledge is therefore a central issue in possession and viewing cases.

Florida law addresses several distinct forms of alleged conduct:

• Possession or intentional viewing: Each separate photograph, video, image, or data file allegedly possessed or viewed may be treated as a separate offense.
• Possession with intent to promote: This offense is classified as a second-degree felony under Florida Statute 827.071.
• Using a child in a sexual performance: This is a first-degree felony. For a person who is 18 or older, the statute generally imposes a 15-year mandatory minimum prison sentence, except where another statutory provision applies.
• Promoting a sexual performance by a child: A person who is 18 or older may face a five-year mandatory minimum prison term.

The potential charge and penalty depend on the alleged conduct, the evidence, and the statutory provision used. A qualifying conviction can also trigger sex offender registration, potentially affecting employment, housing, or financing when a background check is required.

How State & Federal Charges Differ

Federal law separately prohibits the transportation, receipt, distribution, and possession of child pornography. Charging and sentencing exposure varies with the alleged activity and other case-specific factors. An allegation may be investigated under Florida law, federal law, or both, but each system follows different statutes and procedures.

State criminal cases in Lee County proceed through Lee County Circuit and County Criminal Court within Florida’s 20th Judicial Circuit. Federal allegations proceed in federal court. During our review, we identify the investigating agencies, potential jurisdiction, and suspected offenses.

Digital Evidence & Knowing Possession

Connecting a device, account, or internet connection to a person doesn’t resolve every issue in a child sexual abuse material case. Digital evidence may require close examination of how files were obtained, where they were stored, when they were accessed, and whether they can be attributed to a particular person.

Depending on the facts, our defense assessment may examine:

• Whether an accusation is false or unsupported.
• Whether material was received inadvertently or sent without solicitation.
• Who had access to the device, account, network, or storage location.
• Whether the evidence proves knowing possession or intentional viewing.
• Whether the prosecution can establish that a depiction involves a minor.
• Whether digital records reliably connect the alleged activity to the accused person.

We begin examining the evidence as soon as we’re hired and move quickly to identify the core facts. Our preparation can include careful investigation, strategic negotiation, and thorough hearing preparation. When the State’s case is weak, we push for dismissal without promising an outcome the evidence and law don’t support.

What to Expect After Police Contact or an Arrest

Contacting us promptly after police outreach or an arrest allows us to begin reviewing the allegations and available evidence. A criminal case may involve charging decisions, pretrial proceedings, and trial. The path depends on whether the case is in state or federal court and on the charges ultimately filed.

We explain legal options in plain language and keep communication open throughout the case. We schedule appointments quickly, return calls promptly, and answer questions or seek the answer, often within the same day. We also prepare carefully for hearings so important details aren’t overlooked.

Request a Free Case Evaluation

You can request a free case evaluation by phone or through our contact form. There’s no financial obligation or commitment. You can use the initial conversation to discuss the investigation, arrest, or pending charge with us.

We understand that these allegations can leave clients and families overwhelmed. We provide calm, direct guidance while carefully examining the evidence and the State’s likely approach.

Call (239) 204-5657 to discuss your situation with our child pornography defense firm serving Fort Myers.