Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    May 2008
    Posts
    4

    Default 18 Year Old With Child Pornography

    My question involves criminal law for the state of: Massachusetts

    I am currently 19 years old, but I was charged with my crime when I was 18 years old. I had downloaded 14 videos of underage girls from limewire very shortly after I turned 18, and the state police came to my house and served a warrant shortly thereafter. I figured if I cooperated I would be let off easy so I told them exactly what I did and how I got it, so there is no doubt in the courts mind that it was me who downloaded and possessed the child pornography.

    I have gone to my first court appearance (not trial) and was told I was being charged with possession and dissemination of child pornography (because I downloaded from a peer 2 peer network). I have never been in trouble in my life and have a great resume as far as community service goes, and the DA has been working around my college schedule which I was told is a good thing. This charge carries a mandatory minimum of 10 years in state prison in Massachusetts. I was wondering if anyone could tell me the likelihood of me being sent to jail in light of the fact that I am a great community servant, college student, and that I hold a steady job. I'm extremely scared and worried and no one has given me idea of what may happen or the possibilities. I already have an attorney as well. My pretrial is this summer.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 18 Year Old With Child Pornography

    When you hear the words "mandatory minimum", that is the sentence you should plan on getting.

    Your only hope is that your lawyer can plead you done to a different charge.

    Other than that, your college schedule is the very least of your worries.

  3. #3
    Join Date
    May 2008
    Posts
    4

    Default Re: 18 Year Old With Child Pornography

    My lawyer is a known prosecutor of people in my situation and dealt with a case involving "The Kid's Place" child porn ring. He has very optimistic things to say and plans on trying to get me pretrial probation. Considering the my age and the age of the girls (who were all 16 and 17) and the fact that I just wanted to see girls my own age I was also trying to be optimistic. I'm hoping all the facts of my case set forth a positive image about me. The mandatory minimum is just what the law says I guess. I'm asking what the odds of the court being lenient with me are.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 18 Year Old With Child Pornography

    You are not hearing me.

    If convicted of a crime with a mandatory minimum sentence, the most leniency a judge can give you is that minimum... in this case, 10 years in a state prison.

    Your only hope is to either prove yourself innocent of this charge (not likely in your case since you went ahead and confessed) or to plea bargain down to another charge that doesn't carry this mandatory sentence.

    However, you are lucky enough to have been caught with child pornography during an election year.

    Oh, and I would go ahead and forget about the "just wanted to see girls my own age" defense in court. Judges don't really care WHY you wanted to see child pornography and this would, once again, act as an admission of guilt... that you were actively LOOKING for pictures of children and didn't just stumble across them.

  5. #5
    Join Date
    May 2008
    Posts
    4

    Default Re: 18 Year Old With Child Pornography

    Why does the election year matter?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 18 Year Old With Child Pornography

    Quote Quoting LukeSM
    View Post
    Why does the election year matter?
    Because no one wants to be seen as lenient on child pornographers during their reelection campaign.

    Not the DA, not the judge... so you have an uphill battle.

  7. #7
    Join Date
    May 2008
    Posts
    4

    Default Re: 18 Year Old With Child Pornography

    Well I really don't see how that makes me "lucky." So either you made a typo or you are being sarcastic which I don't appreciate given the gravity of my situation. I came to these forums for help.

  8. #8

    Default Re: 18 Year Old With Child Pornography

    Cy is right on target - the word "mandatory" doesn't have as part of it's definition words like "almost", "part of", "a little bit" or anything similar. If the sentencing for a crime says MANDATORY, that's what it means. It's not up to the judge to be nice, or lenient, or take into considerating that you are a Knight of the Round Table, or how many times you've helped little old ladies get across the street, or that you're on the verge of discovering a cure for cancer. If you are convicted, you are looking at 10 years - MANDATORY. The factors you mention MIGHT mean that you get the minimum possible, but BY LAW it cannot be LESS than the MANDATORY minimum. Period.

    Note too that your INTENT in committing the crime is irrelevent - the crime is the possession - NOT the reason. Even in states with a "Romeo clause" for statutory rape, like here in Florida, possession of sexually explicit materials that include images of minors will land you in jail - even if actually having SEX with a person of the same age won't.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: 18 Year Old With Child Pornography

    Quote Quoting LukeSM
    View Post
    The mandatory minimum is just what the law says I guess. I'm asking what the odds of the court being lenient with me are.
    You need to consult your attorney OR sort through the sentencing guidelines for your state, and of course controlling case law.

    When we talk about minimum/maximum it can be a determinant sentence or an indeterminate sentence, consecutive or concurrent, if convited of more than one crime.

    There is a federal law, Truth in sentencing act, I believe, where if the state wanted federal aid to help build/maintain prisons, they needed to mandate a prisoner serve at least 75% of thier sentence. Only Certain crimes are applicable.

    It may not even apply in your state.

    Sometimes sentencing guildelines are not as clear as they should be I suppose??

  10. #10
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: 18 Year Old With Child Pornography

    This is a variation of the "yes, I know my son burned down a retirement home, but he is really a good kid" defense.

    When arrested, Al Capone's mother was quoted as saying that Al was really a "good boy".

    Some crimes, like child pornography trafficing, are considered so heinous that your other positives are ignored.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Sex Offenses: I Am in Trouble for Possessing Child Pornography
    By indeepdoodoo in forum Criminal Charges
    Replies: 6
    Last Post: 04-14-2011, 01:39 PM
  2. Sex Offenses: Virtual Child Pornography
    By terryk in forum Criminal Charges
    Replies: 30
    Last Post: 08-16-2010, 08:44 PM
  3. Sex Offenses: Child Pornography And The Legal System
    By Fenrir_Ex_Devil_Dog in forum Criminal Charges
    Replies: 3
    Last Post: 05-12-2008, 05:44 PM
  4. Sex Offenses: Viewing Child Pornography on the Internet
    By aov9 in forum Criminal Charges
    Replies: 5
    Last Post: 11-12-2007, 07:52 PM
  5. Defamation: Picture of 17 Year Old Female Friend Being Used On Myspace To Advertise Pornography
    By tunaboy2 in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 06-08-2007, 06:51 PM
 
 
Sponsored Links

Legal Help, Information and Resources