Skip to main content

I live in ny and cought with child porn. Will I have to serve time in prison. I have no prior record.

Rochester, NY |

Nys police have my laptop after I got caught using peer to peer. I am seeing a therapist and have severe panic attacks. I have no criminal past. Is prison the only option? What can I do to prevent prison if I can?

Attorney Answers 6

Posted

You would be well-served to discuss your dilemma with a New York criminal defense attorney in a confidential forum as soon as possible.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

This is a very serious charge so I suggest you retain a very good criminal defense lawyer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

6 lawyers agree

Posted

Retain an experienced criminal defense attorney ASAP. This is serious business and should not be discussed further in a public non-confidential forum such as this.

Mark as helpful

5 lawyers agree

Posted

Jail is not mandatory. Get a good attorney. The key issue in these cases is whether you shared the images.
Good Luck.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Mark as helpful

5 lawyers agree

2 comments

Asker

Posted

Most likely I will have to get a public defender as I am looking for work. Also if it was found I was sharing. Can I still avoid prison? I am scared and sorry for what I have done.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Ask for the public defender. Sharing makes it a tougher case but depending on the DA and judge, you may be able to avoid jail. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

Definitely the issue will be whether you sent the images onto the internet. You need to obtain a criminal defense attorney with a good background in cyberlaw and white collar crime. This is not the the type of charge on which to try to represent yourself.

If this answer was helpful please click that block. Answers in the forum are only general and it is always best to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com

Mark as helpful

2 lawyers agree

Posted

I have three of these cases in Buffalo in federal court and several others in New York City and other cities and every federal court judge and prosecutor has a different view of them, but they are all very serious and you face an average sentence of three years and even a 10 year sentence is possible under the guidelines which are no longer mandatory but are still being used to reach calculations of 3 and 4 years if they recover the images. Peer to peer on websites is considered "distributing" which is ridiculous as you are not selling it or distributing it, in most cases the person is viewing it by file sharing. If there are images of rape, torture, or very young children the prosecutors will usually require a prison term and that is what is negotiated, but I have had success with some of the cases and negotiated sentences with others where the evidence was strong and a confession was obtained by the FBI when they confiscated the computer. If there is no admissions the case can often be won at trial, but this depends on the facts of the case. Check out my website and Avvo rating and reviews for more information. Like most Avvo lawyers I offer a free consultation.
John J. Carney Esq.917 696 2363

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics