CHARGE: POSSESSION OF CHILD PORNOGRAPHY

In a complex and sensitive case, our Client faced serious allegations of Possession of Child Pornography in Newport. On February 22, 2024, Rhode Island State Police executed a search warrant at the client's residence, prompted by a tip from the National Center for Exploited and Missing Children (NCMEC) alleging that our Client was downloading and uploading child pornography via the “KIK” messaging app. During the search, authorities seized the client's cellphone and computer and, after questioning, secured an admission from the Client regarding the activity.

The legal team at Marin, Barrett, and Murphy Law Firm lead by Attorney Kensley Barrett acted swiftly, obtaining a copy of the search warrant and conducting an exhaustive review of the evidence. Despite the Client's admission, our defense strategy hinged on challenging the sufficiency of the prosecution's case—most notably, the absence of any actual images of child pornography on the seized devices. This critical gap in evidence became the cornerstone of our argument.

Through persistent negotiations with the Rhode Island Attorney General's Office, Attorney Barrett successfully advocated for an amendment of the charge from Possession of Child Pornography to Accessing a Computer for Fraudulent Purposes. Our Client received probation on the amended charge, avoiding the severe consequences of a child pornography conviction, including mandatory sex offender registration, required counseling, and the lifelong stigma associated with such a label.

RESULT: CHARGE AMENDED TO ACCESSING A COMPUTER FOR FRAUDULENT PURPOSES; CLIENT SENTENCED TO PROBATION on February 22nd, 2024

Practice area(s): Criminal Defense

Court: Newport District Court