St. Louis Obscenity Defense Attorneys
If you face investigation for or charges related to obscenity, you want to carefully choose the lawyer who will handle your case. You also want to consider limiting your interaction with law enforcement. You have the constitutional right to remain silent under the Fifth Amendment and to have the counsel of your choice under the Sixth Amendment. If you tell the police you do not wish to talk, they must respect that right. If you tell the police you want to speak with an attorney, they must respect that right. Any statements you make to law enforcement and any decisions you make without the advice of counsel can be used against you in a subsequent criminal proceeding.
A conviction for an obscenity related offense can carry severe consequences beyond imprisonment. You may be required to register as a sex offender. You may find yourself subject to an order that limits your access to your children. You need an experienced and knowledgeable obscenity defense attorney in St. Louis to protect your rights and aggressively represent you in the face of such a serious charge.
At The Marks Law Firm, L.L.C., we have more than 60 years of combined legal experience. We have personally handled more than 1,000 criminal trials, so we have the skill, knowledge and experience to protect your rights in court.
When you hire us to defend you in an obscenity related case, we will go to work immediately, gathering and preserving all evidence to support your case. We will review procedural as well as substantive issues, examining whether police and prosecutors violated your rights during the investigation of your crime. If the police obtained any evidence improperly, such as through an illegal search or seizure (in violation of the Fourth Amendment) or an involuntary confession (in violation of the Fifth and Sixth Amendments), we will seek to have the court prohibit the use of that evidence against you at trial. We will look at ways to impeach or challenge the credibility of any witnesses against you. We will also consider First Amendment challenges to the material at issue.
Obscenity or adult pornography charges may arise under state and/or federal law. The charges may involve simple possession, or rise to more severe charges of manufacture or distribution. Federal and state statutes have different elements, but both require material that is legally obscene, which raises a First Amendment issue.
To win a conviction for any obscenity or adult pornography offense, the prosecution must prove its case beyond a reasonable doubt. Every criminal case has elements defined by statute, and the prosecution must prove each of these elements beyond a reasonable doubt. We will put the prosecution to its full burden of proof. Also, you have the ability to raise a variety of defenses on your behalf, including those based on the First Amendment. If we believe you have a viable defense, we will pursue it vigorously.
For a free initial consultation with an experienced St. Louis criminal law attorney, contact us online or call our office at 314-993-6300 or toll free at 800-844-2232. We will set up a telephone consultation, if necessary, and will meet with you on Saturday upon request. Visa, MasterCard, Discover and American Express are welcome.