Boston Child Pornography Sentencing Guidelines
Contents
- 1 Federal Child Pornography Sentencing Lawyers: Navigating Complex Laws and Harsh Penalties
- 2 Federal Child Pornography Laws and Penalties
- 3 Finding a Qualified Federal Criminal Defense Lawyer
- 4 Understanding Sentencing Guidelines and Mandatory Minimums
- 5 Arguments to Potentially Reduce Sentences
- 6 What to Expect After a Federal Child Porn Conviction
Dealing with a federal child pornography charge is scary. The potential consequences are severe – years behind bars, massive fines, and a lifetime of restrictions. Where do you even start finding an attorney qualified to handle such a complex area of law?This article breaks down key considerations in working with federal child pornography defense lawyers. We’ll cover:
- An overview of federal child porn laws and typical penalties
- Finding an experienced federal criminal defense lawyer
- Understanding sentencing guidelines and mandatory minimums
- Arguments to potentially reduce sentences or avoid the harshest punishments
- What to expect after a conviction with probation, prison time, appeals, etc.
Federal Child Pornography Laws and Penalties
Federal child pornography laws are no joke. Under 18 U.S.C. § 2252, you face 5-20 years just for receiving or distributing child porn. Making it jumps to a 15-30 year range. Penalties stack if you have prior convictions.Even simple possession comes with up to 10 years imprisonment. Most charges also carry massive fines up to $250,000.
Finding a Qualified Federal Criminal Defense Lawyer
With so much at stake, having an experienced attorney is critical. Don’t just Google “criminal defense lawyer near me.” Vet each lawyer thoroughly regarding:
Experience Handling Federal Cases Federal court works differently than state courts. The laws, rules of evidence and procedure, negotiating practices – it‘s a different ballgame. Verify your lawyer regularly handles federal cases and understands all the nuances.
Knowledge of Child Pornography Laws Given the complexities around computer forensics and digital evidence in child porn cases, you need someone well-versed in relevant statutes and case law precedents. Ask pointed questions to assess their expertise.
Sentencing Mitigation Skills The key is getting sentences reduced below outrageously high guidelines. Look for lawyers with a proven record of doing so. Ask for case examples where they secured better than expected outcomes.
Appeals Experience Even with the best lawyer, you might get convicted. You want someone who can identify appealable issues during trial. Verify they have experience handling appeals at the federal circuit court level.
Comfort Level with Trial While most federal cases end in plea deals, you want a lawyer willing to go to trial if it‘s in your best interest. Make sure they have recent trial experience and don’t just push pleas to avoid court.
Understanding Sentencing Guidelines and Mandatory Minimums
In child pornography cases, sentencing guidelines use “enhancements” to ratchet up your “offense level” and push prison time higher:
- Images depicting violence or children under 12
- 600+ images in your possession
- Distribution of content
- Use of a computer
The list goes on. The right lawyer fights to prevent the application of enhancements whenever possible.You also must understand mandatory minimum sentences that kick in with certain charges or prior felony convictions. Sadly, some people end up with essentially life sentences.
Arguments to Potentially Reduce Sentences
While federal judges lean heavily on sentencing guidelines, they still have some discretion. Skilled lawyers argue for downward departures from the guidelines or below mandatory minimum sentences in appropriate cases. Arguments include:
Addiction Arguments If addiction or compulsion plays a role, treatment is more appropriate than prison. Lawyers must convince judges you’ll benefit from counseling.
Overstated Harm Your lawyer argues simply possessing images doesn’t directly harm children like producing or distributing child porn. They stress imprisonment shouldn’t exceed culpability.
Mental Health Factors Issues like depression, trauma history, PTSD, etc. may provide grounds for alternative sentencing involving counseling and rehab instead of lengthy incarceration.
Background and Character Your overall background, work history, community ties and support system are weighed in sentencing. Lawyers highlight positives to humanize you before the court.Note such departures are still rare due to public pressures on judges. But the right lawyer leaves no stones unturned trying to help you avoid outrageously long sentences.
What to Expect After a Federal Child Porn Conviction
If convicted, here’s what you may face at sentencing and beyond:
Prison Time Even first offenses often bring years in federal prison. Expect to serve at least 85% of any sentence due to federal “truth in sentencing” laws.
Supervised Release After prison, you’ll spend years on heavily restricted supervised release with close probation monitoring. Expect counseling requirements, location monitoring, device monitoring, employment limitations, residence restrictions, and more. Violations mean re-imprisonment.
Sex Offender Registration You must register on public sex offender lists which brings ostracization, residency limitations, and other collateral consequences.
Appeals With competent counsel, you can raise issues like evidentiary errors, lack of evidence, ineffective assistance of counsel, procedural mistakes and more on appeal to overturn convictions or reduce sentences. But appeals take time so prepare for prison first.
Lifelong Restrictions Even after serving sentences, restrictions follow you forever – where you can live, work, social limitations, device monitoring, and more. It’s an extremely challenging road, but the right lawyer helps you navigate each step.