Federal Child Pornography Case

[Milligan]

My relative was arrested for possesion of child pornography, it is a federal case. He didn't take the photos or videos, he did view them though. I believe it was on a fileshare so does that mean distribution of it also? What is the best case scenario for him? Is he likely to do many years in prison?

[AFFA]

Re: Federal Child Pornography Case

I wish to inform you that generally the charges regarding child pornography are contained in 18 USC § 2252A. In this regard your brother can contest the charges against him that he neither had the intention to transfer nor he had knowingly performed any act which can be regarded as violation of law. You brother may have to argue that child pornography is not mailed, or shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer. Provision of 18 USC § 2252A will have to be shown not applicable in order to rebut the allegations or charges.

AFF

[BOR]

Re: Federal Child Pornography Case

My relative was arrested for possesion of child pornography, it is a federal case. He didn't take the photos or videos, he did view them though. I believe it was on a fileshare so does that mean distribution of it also? What is the best case scenario for him? Is he likely to do many years in prison?

IF he can not afford an Attorney, one will be appointed by the court. Federal Public defenders are FREE, unlike some states which make the defendant shoulder some cost of thier salary.

Best course of action is to plead not guilty, an attorney will be assigned and a defense will be mounted.

[Milligan]

Re: Federal Child Pornography Case

Since it is in the hands of the federal courts is it too late to try to get it down to a state charge from a federal charge? Currently he is in a correction unit, waiting for his first court date. He was arrested by homeland security so I'm assuming it is too late to try to plead it down to just a state case opposed to a federal case?

[BOR]

Re: Federal Child Pornography Case

Since it is in the hands of the federal courts is it too late to try to get it down to a state charge from a federal charge? Currently he is in a correction unit, waiting for his first court date. He was arrested by homeland security so I'm assuming it is too late to try to plead it down to just a state case opposed to a federal case?

No, the feds do not drop cases like that to have a sole prosecution. If the state wishes to prosecute also, that is thier sovereign right.