Charged with sexual misconduct, harassment and child porn possession. Is jail required.

Asked about 1 year ago - New York, NY

Federally charged with child porn, never copied, shared or downloaded it. As for the sexual misconduct, i talked to a mother and her daughter, who looked of legal age )didn't know she was 17 at the time, I'm 28 )and chatted a conversation about wanting to get to know her. After, i kissed the girl´s hand out of respect. Got the number from the mother and only found out that she was 17 after i had called, I stopped calling. and other allegations that I tried advancements with other minors, harassing other woman. I did speak to these people, At no point did i make any intentional sexual advancements to any of these people, verbal or physical.) clean language ) What are my options, and is jail mandatory. No criminal history, ever.

Attorney answers (10)

  1. George A. Vomvolakis

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . The short answer is that jail is not mandatory. A more detailed explanation of your options can only be done after a thorough review of your entire case by a seasoned criminal defense attorney who has handled these types of cases.

    George Vomvolakis Law Offices
    275 Madison Avenue, 35th Floor
    New York, NY 10016
    212-682-0700

  2. Joshua Sachs

    Contributor Level 19

    7

    Lawyers agree

    Answered . I will add to what my colleagues have said that you have been extremely unwise in posting any facts relating to your case. It may come as a shock to people a generation or two younger than I, but when you are facing a criminal investigation the internet is your enemy, not your friend. Avvo, may I remind you, is not a confidential legal consultation. It is a public forum which anybody, including the police and the FBI, is free to monitor. Postings can sometimes be traced or identified, and have been. What you post here or anywhere else on the internet can be used to help convict you. Discuss your case completely and candidly with an attorney under the strict seal of confidentiality. Do not discuss it or post about it with anybody else under the sun. Remember what they warned sailors about during the war: "Loose lips sink ships."

  3. Carlos Gonzalez

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Our firm handles many such cases federally and state wide... The advice given this far is accurate, however there should be a thorough review of the guidelines based on your criminal history, or lack there of, as well as a through review of the amount of material alleged...

    Please be cautious proceeding forward and speaking to the prosecutor, if there is a limited complaint against you this could significantly open you up to more exposure.

    Hire yourself a good federal defense attorney, our rates are highly competitive.

  4. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . The feds are very hard on these cases. I suggest you hire a good criminal defense lawyer who handles federal court cases.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  5. Dean George Tsourakis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you are indicted federally, prison is definitely a strong possibility on those charges. You need an experienced Federal l charges. Sentencing is based upon the federal guidelines. Probation is the exception in federal court.

  6. Alexander Mchenry Memmen

    Contributor Level 15

    5

    Lawyers agree

    Answered . These are serious charges. You need to do whatever is necessary to get the best legal representation possible. Go see a lawyer right away.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr... more
  7. Sreenivasarao Vepachedu

    Contributor Level 14

    5

    Lawyers agree

    Answered . Your options include hiring an attorney and not get convicted as charged.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more
  8. Stephen Charles Cooper

    Contributor Level 18

    2

    Lawyers agree

    Answered . There is no required sentence and sentence only comes into play after a plea is taken or a jury convicts. having sex with a 17year old is not against the law in NY so the real question is what facts make up the child pornography charge. Arrange a in-person interview with an experienced criminal attorney like me or many others n NYC.

  9. Christopher Lee Kalberg

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . Federal guidelines are very tough. Please talk privately to an experienced defense attorney in your area.

    Chris Kalberg, Kalberg Law Office, L.L.C. (913) 825-6670, kalberglaw@everestkc.net No attorney client... more
  10. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I have handled many of these cases in federal court and they are serious as the guidelines often require a prison term of several years if you plead guilty and even more if you lose the trial. Review my Avvo rating and website if you can afford private counsel as this is a very serious charge and you will need an experienced lawyer.

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