The moment you become the subject of a criminal investigation, a chilling sense of uncertainty takes over. The world, as you know it, can feel like it’s shrinking, the walls closing in as you face a future you never imagined. A charge for Possession of Certain Materials Prohibited in Fargo is not just a legal challenge; it is a profound personal crisis that threatens to unravel your life, your reputation, and your relationships. The fear of judgment from your community, the potential loss of your career, and the terrifying prospect of incarceration can be paralyzing. Every ringing phone or knock at the door can send a jolt of anxiety through you, as you grapple with the overwhelming weight of what’s at stake. This is a time when isolation can feel like your only companion, but it is in this moment of vulnerability that the first step toward regaining control must be taken.
In this fight, you are not alone. From the instant you are charged, the full force of the state’s prosecutorial machine begins to move against you, building a case designed to secure a conviction. They have their narrative, their evidence, and their objectives. But now, it’s our turn to build our own. This is not their story to write; it is yours. My role is to stand as your unwavering shield and your fiercest advocate. Together, we will form a formidable team, dedicated to deconstructing the prosecution’s case and fighting for your rights at every turn. I will be the barrier between you and the state, ensuring your voice is heard and your story is told. We are in this together, and I will be by your side, fighting for your future with the tenacity and dedication you deserve.
The Stakes Are High: Understanding North Dakota’s Possession of Certain Materials Prohibited Laws & Penalties
In North Dakota, the crime of “Possession of Certain Materials Prohibited” is a serious offense that criminalizes the knowing possession of visual representations of a minor engaging in sexual conduct. This is not a charge to be taken lightly; a conviction can result in severe and life-altering consequences. The prosecution will work diligently to prove that you knowingly possessed these materials, and the penalties upon conviction are steep, including significant prison time, substantial fines, and mandatory registration as a sex offender. This registration can follow you for years, impacting where you can live, work, and even your ability to participate in community activities. The urgency of securing an aggressive and knowledgeable legal defense cannot be overstated.
What the Statute Says
The offense of Possession of Certain Materials Prohibited is governed by North Dakota Century Code § 12.1-27.2-04.1. This statute outlines what constitutes the crime and the circumstances that can elevate its severity.
12.1-27.2-04.1. Possession of certain materials prohibited.
- A person is guilty of a class C felony if, knowing of its character and content, that person knowingly possesses any motion picture, computer-generated image, photograph, or other visual representation that includes sexual conduct by a minor.
- An individual violating this section is guilty of a class B felony if:a. The offense involved twenty or more images;b. The offense involved sadistic or masochistic conduct or other depictions of violence;c. The offense involved sexual bestiality;1d. The offense involves a prepubescent minor or a minor under twelve years of age; or2e. The individual has previously been convicted of an offense subject to registration under section 12.1-32-15.3
As a Class C Felony
If convicted of a Class C felony for possessing prohibited materials, you face a maximum penalty of five years in prison, a fine of up to $10,000, or both. This is the baseline penalty for this offense and is still a significant sentence that can have a devastating impact on your life. In addition to imprisonment and fines, a conviction will likely require you to register as a sex offender, a consequence that carries its own set of lifelong restrictions and social stigma.4
As a Class B Felony
The charge can be elevated to a Class B felony under certain aggravating circumstances, as outlined in the statute. This includes possessing twenty or more images, the nature of the content, or a prior conviction for a registrable offense. A Class B felony conviction carries a much harsher penalty: a maximum of ten years in prison and a fine of up to $20,000.5 These enhanced penalties reflect the state’s serious approach to these offenses and underscore the critical need for a robust defense.
What Does a Possession of Certain Materials Prohibited Charge Look Like in Fargo?
The term “Possession of Certain Materials Prohibited” can sound clinical and distant, but the reality is that these charges arise from a wide range of everyday situations, often involving computers, smartphones, and the internet. In today’s digital age, where files can be shared and downloaded with a single click, it’s alarmingly easy for someone to find themselves ensnared in a criminal investigation for this offense. An accidental download, a shared computer, or a hacked account can all lead to devastating allegations.
These are not crimes that happen only to “other people.” They can happen to anyone in our Fargo community—a college student, a respected professional, a grandparent. The scenarios are often complex and nuanced, and the prosecution’s case may not tell the whole story. Understanding how these situations can unfold in the real world is the first step in realizing that an arrest is not a conviction and that there are ways to fight back against the charges you face.
The Unwitting Recipient
A common scenario involves receiving unsolicited images or videos. This can happen through a peer-to-peer file-sharing network, where a file you intended to download is bundled with illegal material without your knowledge. It could also occur through a messaging app or email, where someone sends you a file that you never requested or opened. In these cases, the prosecution must prove that you knowingly possessed the material. If you were unaware of the file’s existence on your device or its illicit nature, this can be a crucial point of your defense. The mere presence of a file on your hard drive does not automatically equate to guilt.
We would investigate the digital trail to determine how the file arrived on your device, whether you ever opened or viewed it, and if there is any evidence of your intent to possess it. This could involve forensic analysis of your devices and a thorough examination of the timeline of events. Challenging the element of “knowing possession” is a cornerstone of defending against these allegations and ensuring that you are not punished for something you did not intend to do.
The Shared Computer Predicament
In many households, computers and other electronic devices are shared among family members and even guests.6 A prohibited file could be downloaded by a roommate, a child, or anyone else with access to the device. When law enforcement discovers this material, they may charge the device’s primary owner, even if that person had no knowledge of the file’s existence. This creates a complex legal situation where you are forced to prove your innocence in the face of incriminating evidence found in your own home.
In these circumstances, our defense would focus on demonstrating that you were not the individual who downloaded or possessed the material. We would identify other potential users of the device, investigate their online activities, and present evidence that raises reasonable doubt about your involvement. This could include witness testimony, digital forensic evidence showing other user profiles or activity, and a clear presentation of the shared nature of the device. We will work to ensure that you are not held responsible for the actions of others.
The Misidentification of Age
The legal definition of this crime hinges on the individual depicted being a minor. However, it is not always easy to determine the age of someone in a photograph or video. In some cases, individuals who are legally adults may appear younger than they are. If you possessed material that you reasonably believed depicted adults, this could form the basis of a strong defense. The prosecution has the burden of proving, beyond a reasonable doubt, that the individuals depicted were, in fact, minors at the time the images were created.
Our defense would involve a meticulous examination of the evidence. This could include seeking expert opinions on age assessment based on the visual evidence, investigating the origins of the images to find information about the individuals depicted, and challenging the prosecution’s assumptions about their age. If there is any ambiguity or lack of definitive proof regarding the age of the individuals, this can create the reasonable doubt necessary for an acquittal.
The Hacked or Compromised Account
In an era of rampant cybercrime, it is not uncommon for email accounts, cloud storage, or social media profiles to be hacked or compromised. A malicious actor could use your account to store or transmit illegal material, leaving you to face the legal consequences. If your device or account was infected with a virus or Trojan horse, it could have been used to download and store files without your knowledge or consent. This is a terrifying prospect, as you could be completely unaware of the illegal activity being conducted through your personal accounts.
To build a defense in this scenario, we would enlist the help of forensic experts to analyze your devices and accounts for evidence of unauthorized access, malware, or other forms of compromise. We would look for signs of a security breach, such as changes in your account settings, unfamiliar IP address logs, or other digital footprints left by the intruder. By demonstrating that you were a victim of a cyberattack, we can effectively argue that you did not knowingly possess the prohibited materials and that the blame lies with an unknown third party.
Building Your Defense: How I Fight Possession of Certain Materials Prohibited Charges in Fargo
A charge of Possession of Certain Materials Prohibited is not an automatic conviction. It is an accusation, and like any accusation, it must be rigorously tested and challenged. My philosophy as your defense attorney is to be proactive, aggressive, and relentless in the pursuit of justice for you. We will not simply wait to see what the prosecution does; we will launch our own investigation, scrutinize every piece of evidence, and prepare a powerful defense strategy tailored to the unique facts of your case. A strong defense is not just about reacting to the prosecution’s claims; it’s about taking control of the narrative and demonstrating the weaknesses in their case.
The prosecution’s version of events is just one side of the story. It is often a story built on assumptions, circumstantial evidence, and a one-dimensional view of the facts. Our job is to challenge that story at every turn. We will question the legality of the investigation, the integrity of the evidence, and the credibility of the witnesses. We will leave no stone unturned in our quest to find the truth and to expose the reasonable doubt that the prosecution hopes to obscure. This is a fight for your future, and we will use every legal tool at our disposal to protect it.
Challenging the Legality of the Search
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures.7 This means that law enforcement must have a legally valid reason to search your property, including your home, computer, and other electronic devices. If they conducted a search without a proper warrant, or if the warrant they obtained was based on false or insufficient information, any evidence they found may be suppressed. This means it cannot be used against you in court. A successful challenge to the legality of the search can lead to the dismissal of the entire case.
- Scrutinizing the Warrant: We will meticulously examine the search warrant and the affidavit that was used to obtain it. We will look for any factual inaccuracies, misrepresentations, or lack of probable cause. If the police exceeded the scope of the warrant, searching places or for items not authorized, we will fight to have that evidence excluded. Every detail of the warrant process will be put under the microscope to ensure your constitutional rights were not violated.
- Investigating Warrantless Searches: If law enforcement conducted a search without a warrant, they must prove that it fell under a specific legal exception, such as consent. We will investigate the circumstances of any warrantless search to determine if your consent was truly voluntary or if it was the result of coercion or intimidation. If your rights were violated, we will file a motion to suppress the evidence, which can be a game-changer in your case.
Disputing the Element of “Knowing Possession”
The prosecution must prove that you knowingly possessed the prohibited material. It is not enough for them to simply show that a file was found on your device. We can build a strong defense by demonstrating that you were unaware of the file’s existence or its illegal nature. In the digital world, files can be downloaded onto a device through various means without the owner’s knowledge, such as through malware, a hacked Wi-Fi network, or as part of a bundled download.8
- Forensic Analysis of Your Devices: We will work with digital forensic experts to analyze your computers, smartphones, and other devices. These experts can often determine how and when a file was downloaded, whether it was ever opened or accessed, and if there is any evidence of malware or remote access. This technical evidence can be crucial in proving that you did not knowingly possess the illicit material.
- Presenting Alternative Explanations: We will explore all possible alternative explanations for the presence of the files. Was the device shared with others? Was it recently purchased or repaired? Was your internet network secure? By presenting plausible alternative scenarios, we can create the reasonable doubt necessary to defeat the prosecution’s claims and protect your freedom.
Questioning the Chain of Custody of Evidence
When digital evidence is collected, it must be handled according to strict procedures to ensure its integrity. This is known as the “chain of custody.” If the police or forensic examiners did not properly document the handling of your devices or the data they contained, the evidence could have been altered, corrupted, or contaminated. Any break in the chain of custody can cast serious doubt on the reliability of the evidence presented against you.
- Examining Evidence Handling Procedures: We will demand and review all documentation related to the seizure and analysis of your electronic devices. We will look for any gaps or inconsistencies in the chain of custody logs. If we find that the evidence was not handled properly, we will argue that it is inadmissible in court, as its authenticity cannot be guaranteed.
- Challenging Forensic Methods: We will scrutinize the methods used by the prosecution’s forensic examiners. We will determine if their techniques are scientifically valid and if they followed established protocols. If their methods are questionable or if they made errors in their analysis, we can challenge the validity of their findings and undermine the foundation of the prosecution’s case.
Raising Affirmative Defenses
In some cases, the law provides for specific “affirmative defenses.” An affirmative defense is a fact or set of facts that, if proven by the defense, can defeat or mitigate the legal consequences of the defendant’s otherwise unlawful conduct.9 For charges of Possession of Certain Materials Prohibited, an affirmative defense may be available if you had a legitimate reason for possessing the material.
- Bona Fide Research or Academic Purposes: North Dakota law provides an affirmative defense if the material was possessed for a bona fide medical, scientific, educational, religious, governmental, judicial, or other appropriate purpose. If you are a researcher, academic, or professional whose work requires you to study or analyze such materials, we can build a defense around this exception. We would present evidence of your professional background, your research goals, and the legitimate context in which you possessed the materials.
- Reasonable Belief of Age: It is also an affirmative defense if you reasonably believed the person depicted in the material was an adult, provided they were at least fifteen years old. We would gather evidence to support your reasonable belief, which could include the appearance of the individuals in the images, any information you had about them, and the context in which you received the material. This defense can be particularly relevant in cases where the age of the individuals is not immediately obvious.
Your Questions About Possession of Certain Materials Prohibited Charges Answered
What should I do if I am being investigated for Possession of Certain Materials Prohibited?
If you believe you are under investigation or if law enforcement contacts you, the most important thing you can do is to remain silent and immediately contact an experienced criminal defense attorney. Do not consent to a search of your property or devices, and do not answer any questions without your lawyer present. Anything you say can be used against you, so exercising your right to remain silent is crucial.
What does “knowing possession” mean in North Dakota?
“Knowing possession” means that you were aware of the presence of the illegal material and that you knew it was illegal. The prosecution has to prove this element beyond a reasonable doubt. If you were unaware that a file was on your computer, or if you did not know its contents, you may have a strong defense against the “knowing possession” element of the charge.
Can I be charged if someone else used my computer?
Yes, you can be charged if illegal material is found on your computer, even if someone else put it there. However, this does not mean you will be convicted. A skilled defense attorney can help you gather evidence to show that you were not the one who downloaded or accessed the material. This could involve identifying other users, analyzing Browse history, and presenting witness testimony.
What if the images were sent to me and I never opened them?
Receiving unsolicited images is a common scenario. If you can show that you never opened the files and were not aware of their illegal nature, this can be a powerful defense. A forensic analysis of your device can often determine whether a file has been opened or viewed, which can support your claim that you did not knowingly possess the material.
Is it a defense if I thought the people in the images were adults?
Yes, under certain circumstances, it can be a defense. North Dakota law provides an affirmative defense if you had a good faith, reasonable belief that the person depicted was 18 or older, as long as they were at least 15. Proving this can be complex, but an experienced attorney can help you build a case based on the available evidence.
What are the penalties for a first-time offense?
Even for a first-time offense, the penalties for Possession of Certain Materials Prohibited are severe. As a Class C felony, it carries a maximum sentence of five years in prison and a $10,000 fine. If certain aggravating factors are present, it can be charged as a Class B felony, with a maximum penalty of ten years in prison and a $20,000 fine.
Will I have to register as a sex offender if I am convicted?
Yes, a conviction for Possession of Certain Materials Prohibited under N.D.C.C. § 12.1-27.2-04.1 requires registration as a sex offender in North Dakota. This has long-lasting and far-reaching consequences, affecting where you can live, work, and even your ability to volunteer in your community. Avoiding a conviction is the only way to avoid this life-altering requirement.
What is a “digital forensic expert” and why do I need one?
A digital forensic expert is a specialist who can analyze computers, smartphones, and other electronic devices to find, preserve, and interpret digital evidence.10 They can be crucial to your defense by uncovering evidence of hacking, malware, or unauthorized use of your device. They can also provide expert testimony in court to challenge the prosecution’s technical evidence.
What if the police seized my devices without a warrant?
If the police seized your devices without a valid search warrant, your constitutional rights may have been violated. Evidence obtained through an illegal search may be suppressed, meaning the prosecution cannot use it against you. An experienced defense attorney will carefully review the circumstances of the seizure and file a motion to suppress if your rights were violated.11
How can I protect myself from false accusations?
To protect yourself, be cautious about the websites you visit and the files you download. Use strong, unique passwords for your accounts and enable two-factor authentication. Be wary of public or unsecured Wi-Fi networks. If you share your computer with others, consider using separate user accounts with password protection.
What if I deleted the files? Can I still be charged?
Yes, deleting files does not guarantee that you cannot be charged. Forensic experts can often recover deleted files from a hard drive.12 In fact, deleting files after you become aware of a law enforcement investigation could be interpreted as an attempt to destroy evidence, which could lead to additional charges. It is crucial to speak with an attorney before taking any action.
Can these charges be resolved without a trial?
In some cases, it may be possible to negotiate a plea agreement with the prosecution for a lesser charge or a reduced sentence. However, you should never enter into any agreement without the advice of a knowledgeable attorney who has thoroughly reviewed your case and can advise you on the best course of action. My goal is always to achieve the best possible outcome for you, whether that is through negotiation or a full trial.
How long does a case like this typically take?
The duration of a criminal case can vary widely depending on its complexity, the amount of evidence involved, and the court’s schedule. It can take anywhere from several months to over a year to resolve. Throughout this process, I will keep you informed and guide you every step of the way, ensuring that you are never left in the dark.
Will my name be made public if I am charged?
Unfortunately, in most cases, criminal charges are a matter of public record. This means that your name and the charges against you may appear in the media or online. This is one of the many difficult collateral consequences of being charged with a crime, and it underscores the importance of fighting to clear your name.
Why should I hire you to defend me?
You should hire me because I have the experience, dedication, and aggressive approach necessary to fight these serious charges. I understand the complexities of digital evidence and the nuances of North Dakota law. I will provide you with a personalized, strategic defense designed to protect your rights and your future. I will be your steadfast advocate from start to finish.
Your Future Is Worth Fighting For
The consequences of a conviction for Possession of Certain Materials Prohibited extend far beyond the courtroom. A guilty verdict can cast a long shadow over every aspect of your life, creating obstacles and closing doors for years to come. This is not just about facing potential prison time; it’s about the very real possibility of losing the life you have worked so hard to build. The future you have planned for yourself and your family is in jeopardy, and the time to act is now.
Impact on Your Livelihood and Career
A felony conviction on your record can be a significant barrier to employment. Many employers conduct background checks, and a conviction for a sex-related offense can make it nearly impossible to find work in many fields, especially those that require professional licensing, such as teaching, healthcare, or finance.13 You may also face challenges in obtaining or renewing professional licenses you already hold. This can have a devastating financial impact on you and your family, making it difficult to provide for their needs and plan for the future. The career you have dedicated years to building could be taken away in an instant.
The social stigma associated with these charges can also lead to a hostile work environment, even if you are able to retain your job. Your colleagues and superiors may view you differently, and you may find yourself isolated and marginalized. The stress of this can be immense, impacting not only your professional life but your personal well-being as well. We will fight not only to protect your freedom but also to preserve your ability to earn a living and maintain your professional standing in the community.
Threats to Your Constitutional Rights
A felony conviction will result in the loss of some of your most fundamental constitutional rights. In North Dakota, convicted felons lose the right to vote while they are incarcerated. Perhaps more significantly, a felony conviction will result in a lifetime ban on owning or possessing a firearm under both state and federal law. This can impact your ability to protect yourself and your family, as well as your ability to participate in recreational activities like hunting.
Beyond these specific rights, the label of “convicted felon” and “registered sex offender” can lead to a more subtle erosion of your freedoms. You may be subject to increased scrutiny from law enforcement and may find it difficult to travel freely. The restrictions that come with sex offender registration can dictate where you are allowed to live, work, and even visit.14 These are not temporary inconveniences; they are lifelong burdens that can make it feel as though you are never truly free.
I Know the Fargo Courts and the Prosecution
Navigating the criminal justice system in Fargo requires more than just a knowledge of the law. It requires an intimate understanding of the local courts, the judges, and the prosecutors who will be handling your case. I have spent years practicing in this community, and I have developed the relationships and the local knowledge that can make a significant difference in the outcome of your case. I know the strategies the prosecution is likely to use, and I know how to counter them effectively.
This local experience allows me to provide you with a defense that is not just theoretically sound but also practically effective in the Fargo legal landscape. I can anticipate the moves the other side will make, and I can position your case in the most favorable light possible. When you are facing the fight of your life, you need an attorney who knows the terrain and can guide you through it with confidence and skill.
A Single Mistake Shouldn’t Define Your Life
Everyone makes mistakes. In the digital age, a single lapse in judgment, a moment of curiosity, or even an accident can lead to devastating consequences. A charge for Possession of Certain Materials Prohibited can make you feel like your life is over, that you will forever be defined by this one event. But I believe that a single mistake should not have the power to destroy your future. You are more than the charges you face, and you deserve a second chance.
My mission is to tell your story, to present you as a whole person, not just a defendant in a criminal case. We will work to show the court who you are beyond these allegations—a member of our community, a family member, a person with a future worth protecting. We will fight to ensure that you are treated with fairness and dignity and that the outcome of your case allows you to move forward with your life. Your future is worth fighting for, and I will be honored to fight alongside you.