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

Asked over 1 year ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.... more
  2. John M. Cromwell

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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.

  3. Joseph A Lo Piccolo

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  4. Edwin Drantivy

    Contributor Level 18

    4

    Lawyers agree

    1

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

  5. Arkady Bukh

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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... more
  6. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,901 answers this week

3,045 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,901 answers this week

3,045 attorneys answering