What Should I do If I’m Charged with Possession of Child Pornography?
Child Pornography laws carry some of the harshest penalties in our system of criminal justice. Not only are persons arrested for this facing possible lengthy prison sentences but also possibly the stigma of being branded as a sexual offender or sexual predator, where your movement and activities will be tracked by law-enforcement for the rest of your life.
It’s important that you speak right away with an experienced sex crimes attorney who has been successful in past cases in keeping people out of prison. In the State system, the Prosecutor’s office must charge an individual who possesses child pornography with each separate image or video found on their computer. This often results in a sentencing guideline where you face a significant amount of time in prison. In the Federal system, there is a 15-year minimum mandatory prison sentence for Distribution of Child Pornography. Since these types of images or videos are often possessed through file sharing programs, you may be charged with Distribution even if you were not selling.
We can do many things to help you avoid a prison sentence. The Government is concerned with the likelihood that you’ve actually touched a child in the past or will do this kind of thing again. We can help you get enrolled in sex offender treatment, schedule a confidential polygraph that shows you’ve never touched a child in the past, and have you evaluated for the likelihood of recidivism, the likelihood that you will do this again.
Once the State sees that you may not be a danger to the community, the more likely it is we can negotiate a favorable plea deal for you.