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

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. 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

  2. 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 Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.

  3. 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.

  4. 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."

  5. 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.

  6. 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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  7. 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 attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.

  8. 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, No attorney client relationship is created via any Q&A session on this or any other website no comment or answer proffered may be construed as legal advice.

  9. 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.

  10. 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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