What can we do about extreme federal sentencing for cyber crime, child pornography on computer? Post conviction lawyers help?

Asked about 1 year ago - Hopkinsville, KY

He had some pornography files come in a batch with only a couple of, seemingly under age pictures. Sent them out and was charged with possession and distribution. 2 and 2 I believe, or 1 and 3. He signed plea agreement and his rights away as lawyer was not aggressive and scared us to believe a trial would be worst. The new laws on peer to peer software use, effecting the average young adult male down the street are worst than those for rape, child molesting and murder. What can be done?
He got 20 years and they told us it was too much, but it was a far lean down as they were trying for triple that. Confused, bewildered, disillusioned. Is there a chance in the future, as Congress looks into this, things will change and during that time, we can try to appeal then?

Attorney answers (4)

  1. Coley O'Brien Reynolds

    Contributor Level 10


    Lawyers agree

    Answered . The sentencing guidelines for federal child pornography cases are devastating. While the Attorney General has indicated that he sees a need to lessen some of the federal narcotics sentences, he has not made any such indication in regards to child pornography. Nor has there been any legislation introduced by Congress to address the disparity in sentences in this area. While you may lobby your congressman and senators on this issue, it is, in reality, an issue no one wants to appear "soft" on.

    You should consult with a local attorney experienced in appeals in the the child pornography area. It is a very specific field of law.

    Best wishes,

    Coley O. Reynolds, Esquire

    Legal disclaimer: The above statement does not create an attorney client relationship and is for general... more
  2. John Douglas Lloyd


    Contributor Level 15


    Lawyers agree

    Answered . There's very little that can be done to attack the guilty plea unless the attorney made serious errors in representing the defendant. Your best bet may be to talk with an attorney in your area that is experienced with post-conviction petitions, in particular 2255 petitions, to see if there's any way to attack the guilty plea.

    Good luck.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This... more
  3. Stephen F Wallace

    Contributor Level 19


    Lawyer agrees

    Answered . Trial us unbelievably painful form someone in this situation as the jury has a tough time emphasizing with the defendant on any level because of the subject matter. You can certainly lobby your senator or representative for a change.

  4. Raymond George Wigell


    Contributor Level 19

    Answered . You are not alone in your concern over the draconian laws and sentences relating to Possession of Child Pornography. The accused in these cases are considered to be evil simply based on the allegations in the charges without concern for the context or any other factor that may mitigate or explain the situation.
    The criminal defense attorneys that are true advocates for their clients are aware of the environment in which these cases are brought. They use computer forensic experts to analyze and mitigate the "evidence". They use Psychological experts to overcome the "burn the witch" mentality of the prosecution. Some judges will listen regrettably some will not.

    "Justice will only exist where those not affected by injustice are filled with the same amount of indignation as those offended." Plato

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more

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