NO CUSTODY TIME IN FEDERAL CHILD PORNOGRAPHY CASE
In this particular case, the client was charged in federal court with possession of thousands of images of child pornography. The FBI came to his home with a search warrant and took his computers and phones as part of the execution of a search warrant. They also took a statement from the client that was incriminating regarding admitting those were his computers and that he had downloaded the subject incriminating child pornography related items. The bottom line is that this particular client was in a lot of trouble and he need help fast. In my opinion, jumping on these cases quickly is essential to obtaining the best result. Speaking to the agents in charge of the investigation and the prosecutor assigned to the case, will put the client in a position to avoid the embarrassment and collateral consequences that are typically attendant in these serious cases.
It took many months for them to analyze the computers and data on them. This is because the experts that go through these computers and investigate these cases are extremely busy and over worked and have limited time. However, once they where able to evaluate everything, I received a call from the prosecutor assigned to the case, and she gave me a run down on exactly what they found and we discussed how the case would proceed moving forward. I was able to convince her to not force my client to plea to a charge that required him to do a minimum of five years in federal prison at eighty five percent. Further, because I was on the case from the beginning I was able to negotiate a release for my client while the case was pending in federal court. This is definitely the advantage of hiring a private federal criminal defense attorney that knows their way around a child pornography case filed in the Central District of California.
My client had some specific mental issues that we used to mitigate the situation. The key thing that we were able to show the prosecutor and judge was that he was not and likely never would be a danger to the community related to preying on children. Once this was established, it was then a matter of figuring out what a fit punishment was that deterred him from being involved in this again and of course kept him from a long federal prison sentence. There are a number of different strategies that can be employed when it comes to convincing the prosecutor and judge that a client will not be a recidivist and will never again engage in the subject behavior. The strategy depends on the client and their legal situation.
In figuring out how to argue for no prison or a minimal sentence, the client’s personal history is certainly relevant, combined with the facts of the current case and of course having an expert psychiatrist weigh in on the person’s history and likelihood of repeating his behavior are essential components of a solid argument in a child pornography case in federal court. Once everything is lined up and your sentencing position is filed, along with letters from the client’s family and other mitigating factors that make sense to the client’s personal background, then we are in a position to achieve the best possible result.