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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience, primarily in criminal law
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What are the probabilities that a first time offender, who

Customer Question

What are the probabilities that a first time offender, who also has no previous criminal record of any type, accused of simple possession of child pornography (he downloaded it from a website or program known as "LimePro") and has been a respectable senior citizen all his life up to this incident, could obtain a probation plus perhaps some sort of rehab courses and maybe a fine in central Florida?.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.It is possible that probation could be offered to him by the prosecution/court. The charge is serious, as it is a felony, but it is a third-degree felony, which is the lowest level of felony charge in Florida. It is punishable by up to five years in prison. However, given his lack of prior criminal history and his age, an attorney could make the argument that probation is the appropriate sentence. In particular with these type of offenses, the prosecutor/court will want to be sure that there is a low likelihood of him reoffending, since recidivism rates are usually fairly high for these type of crimes. His attorney may have him evaluated by a psychiatrist or the court may even have him evaluated to see if he does seem likely to reoffend or not. If not, then this may help him out.He may also want to discuss the possibility of starting counseling now with his lawyer, rather than waiting to be sentenced to counseling. It often weighs in a defendant's favor when he is proactive about fixing whatever problem caused him to commit a crime, and so his attorney can try to use proof of counseling in his favor when trying to negotiate a sentence.So while there is no way to calculate the likelihood of probation or not since it depends too much on unknown variables--namely the prosecutor and judge--it should be a possibility for him given all the factors at play here.