A number of years ago I represented a client who will obviously remain anonymous, but he had thousands of images, including photographs and videos of child pornography.
Normally, he would have been facing 7 to 10 years in federal prison, but I was able to get him no time in jail. Now, really what you need to do in these types of cases if you expect to get a good resolution, especially when you’re talking about a sex crime, child pornography, is to look at your client.
This particular man was no threat to any children which is always what the prosecutors are concerned about. That instead of just going on the internet and looking at child pornography, that some is actually going to go out and act and do something to a child, and obviously that there’s number one protection.
Proving Defendant was Not a Threat to Children
So, once I was able to show the sentencing judge that this defendant was not ever going to go to pose a threat to any children and all he was was someone who was looking at child pornography on the internet, I was able to keep him out of custody.
Certainly, he had other punishments and other things that were done in order to deter him and others from committing internet child pornography sex crimes.
However, what the judge did is looked at this individual for who he was, what he had done, what type of a threat he posed to the public in the future and really what was the fair thing to do based on this particular defendant.
Showing Judge Client’s Redeeming Qualities
That’s what you have to do as a criminal defense attorney when you represent somebody who is charged with such a serious crime like possession or distribution or production of child pornography. You’ve got to humanize your client.
You’ve got to show the judge that your client has redeeming qualities. You’ve got to get an expert involved who can talk about whether or not this particular defendant is going to be a recidivist — who is going to do something like this again.
You’ve got to get one of those psychological reports who knows how to deal with individuals who commit sex crimes. You’re going to have to evaluate what they call a static 99 where you’re evaluating whether or not a particular person is likely to commit a sex offense again,,
Also, obviously as a defense attorney, you’re going to take all the things that match up that are good for your client and use those to try to get the best possible result.
So, if you or a loved on is facing a serious charge — whether it’s at the state or federal level — and child pornography can be prosecuted at either level, pick up the phone.
Contact Our Criminal Lawyers for Help
Make the call. Let’s sit down. Let’s figure out what the best strategy is going to be to get the best result possible, get your loved on out of the federal or state system and avoid some of the horrible penalties that can come along with a child pornography case.
Hedding Law Firm is a top-rated criminal defense law firm located in the San Fernando Valley at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0940.
Categorised in: Federal Crimes