Case Conclusion Date:September 11, 2013
Practice Area:Criminal Defense
Description:Cyber crime multi-jurisdictional task force investigation and search warrant yields a Grand Jury Indictment charging our client with (4) counts of Possession of Child Pornography. Each count is a Class 2 felony that carries a potential sentence of 3-7 years in prison. The sentencing statute applicable in this case requires that if convicted and sentenced to prison the sentence on each of the four counts must be served consecutively. In this case that would require a minimum of 3 years followed by 3 years for each count of conviction. (That is 3 years in prison, then 3 years in prison, then 3 years in prison and then 3 years in prison if convicted on all four(4) counts.) At the time of the execution of search warrant and after receiving Miranda warnings our Client gave a detailed statement admitting Possession of Child Pornography to law enforcement officers. A rigorous review of the forensic evidence indicated that the state would able to meet it's burden of proving the elements of each of the four (4) counts in the Indictment beyond a reasonable doubt. Prosecution argues that our client should be sentenced to prison consistent with the statute. After obtaining a Psycho-Sexual Evaluation I argue and advocate for our client requesting that he not go to prison but rather be placed on Probation.