This was a very tough case. The client already had one child pornography possession charge on his record. Not too long after that charge, he picked up a child pornography distribution case. He was sentenced to three years in prison and he wound up doing a good portion of those three years. Within a few weeks of being released from prison, he was once against arrested for distribution of child pornography. However, the allegations were from right before he was sent to prison. To avoid him being sentence to concurrent prison sentences, the police waited to arrest him until after he completely finished his prison sentence.
The other interesting thing about this case is that the distribution of the child pornography was done via cell phone text messaging. This was the first known prosecution of a distribution via cell phone case. Once again, our child pornography defense lawyers sprung into action right away. Our attorneys first filed a bail motion to get the client released from jail. We then worked out a great deal with the prosecutor’s office to keep the client from getting indicted. We then filed a hard-hitting sentencing brief with the court. The court was so impressed with our arguments that it sentenced the client to probation even though he had just spent time in prison for the same thing! The prosecutor’s office of course, was not happy.
This client was under federal investigation for distribution of child pornography. Luckily for the client he hired us long before he was arrested. Although it took some time, our federal child pornography defense lawyers were able to get the federal investigation closed. Unfortunately for the client, there was still a State investigation that we could not get dismissed. The client was ultimately arrested but since we had already been working on the case, we were able to setup an appointment for him to turn himself in instead of the police just arresting him. Our defense attorneys continued to work the case and in the end, all charges against the client were dismissed prior to indictment.