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RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29680
Experience:  licensed attorney in Texas for 29 years
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what will the sentence look like for an individual who is being

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what will the sentence look like for an individual who is being charged with posession and production of child pornography? this person had 80,000 images/videos (content unknown to me) and this person is being charged with 2 production counts. the kids didnt know they were being filmed and were in no way coerced... they had no idea it happened. he was a leader in a church group but not a paid leader. he has no prior history, and he has most likely told the fbi he did it all, so i think he's admitted guilt to them but in court he plead not guilty.

i also want to know with that many images and videos isnt this multiple posession counts and therefore possibly more than the 10yr max for posession?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question.Well federal crimes have minimum sentencing here.This means almost all are plead out.They may knock off some counts in return for plea and prison here.You are looking at multiple years in federal prison and fines.You depend on lawyer to get best deal possible but it will involve years and fines no doubt.
Customer: replied 4 years ago.
What kinds of plea agreements would be possible in this case? I know every case is different, but I wondered how much the prosecution would give in a case like this. out of a possible 40yrs, would 20 be offered? 30? 10? I know the trend in these kinds of cases is federal judges are not giving the max...
Expert:  RayAnswers replied 4 years ago.
Reference..

http://www.criminaldefenselawyer.com/federal-sentencing-guidelines.cfm

Currently, the commission has put the federal sentencing guidelines (which call for sentences of up to 25 years for child porn convictions.

Edited by RayAnswers on 7/3/2010 at 3:04 AM EST
Customer: replied 4 years ago.
I have read all of that but since the sides are working on a plea deal I wonder what some possibilities are in a case like this. Have you had any like this and how did they go? I also wondered, with 80,000 images and videos if this person is facing a certain amt of posession counts and therefore multiple sentences for posession... this person is married and his wife is standing by him but I have to admit I don't understand. Seems with that many images he could go away for a long time but I dont know anything about this stuff.
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  RayAnswers replied 4 years ago.
I think he is looking here at least 25 years here in a plea deal plus fines.This will be extended prison time here==thats a lot of pics /counts.
Customer: replied 4 years ago.
Does it matter at all if this person has a masters degree, supportive family, and helped the fbi catch 2 other people? just curious. the waiting is hard. just want justice for all involved.

if his lawyer pushes too much as in not taking a plea deal will he have to go to trial? or would the lawyer give in because a trial doesnt seem like a wise choice but i dont know much about legal stuff. am hoping this person takes some kind of deal and spares us all hearing the sordid details of his crime.
Expert:  RayAnswers replied 4 years ago.
No not under federal law.There is a minimum here--25 years on up to maximum.They absolutely do not try federal crimes--like 95% settle out because of minimum sentence on multiple counts it could be much longer if convicted on all of them.This will get plead out I almost totally certain here.
Customer: replied 4 years ago.
Does it mean anything if the trial date has been continued 3 times now? does this indicate they can't make a deal? the info on the request to continue says the defense needs more time to review the extensive discovery and also that they are trying to work out an agreement, also that the AUSA agrees to the continuation. this has been going on since the arrest 5 months ago... date keeps getting moved. does this mean his lawyer is being hard headed or does this take a lot of time... sorry to keep bothering you but i feel like such a dummy.
Expert:  RayAnswers replied 4 years ago.
Lot of counts here.This really isn't all that much time here since arrest. There is some back and forth here no doubt.It will resolve and he will get a fairly long sentence with prison.
Customer: replied 4 years ago.
Is there ever a situation where production counts are thrown out? i cant imagine that will happen but that is the talk from the defense. i cant see the AUSA going for that one. the other talk i have heard is that the defense atty says if it goes to trial he wants to make a point about the federal guidelines being under review by federal judges and therefore shortened. this person was not allowed bail, and did not try because prosecution felt he was a danger. so i cant imaging he will worm out of much of this.
Expert:  RayAnswers replied 4 years ago.
I don't see any way this guy gets off here.Even if say some counts are iffy I think there is a lot here and some of it would stick.I mean this wouldn't play real good to judge or a jury here if tried he might get more than the plea deal.
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29680
Experience: licensed attorney in Texas for 29 years
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