If you are about to navigate the complicated process of a child pornography trial and pleas, a Charleston lawyer could discuss your options with you and build a defense to fight the allegations against you. Experienced criminal defense attorneys are essential for achieving the best possible outcome in your case, so do not hesitate in calling for help.
Factors Judges Consider When Evaluating Bond Release
In Charleston child pornography arraignments, the risk of flight and the danger to the community are the primary factors that a judge assesses. An individual with no prior criminal record could vouch for that person’s likeliness to not commit other crimes while awaiting trial.
Sometimes, child pornography defendants are successful financially. Church memberships, civic clubs, and good deeds that a person has done support the assessment that releasing the person pretrial will not be detrimental.
However, a person who travels a lot internationally and has business contacts overseas could be seen as a flight-risk, so the government may use this as a reason for detention. This information should be shared with their legal representative, as it is a factor that they must be prepared to address.
How Likely is Bond Release in Charleston?
During an arraignment for child pornography, judges may or may not release someone on bond. Part of it depends on what charges were brought against the individual, with regards to their child pornography case. There are minimum mandatories involved in the federal system for possessing and for distributing images, and minimum mandatory cases often require the defense to prove why somebody should be released on bond, rather than the normal standard where the government has to prove why somebody presumed innocent ought to be kept in custody.
It is a more difficult standard for the lawyer to secure release for the client, but oftentimes in these types of cases, people have no prior record and have been successful members of society in their life. A lot of times, someone will get released on bond, although there will be many conditions that make life harder. However, it is better to be out of custody than to have to fight the case while in jail.
Types of Pleas in Charleston
The two types of pleas are guilty and not guilty. Not guilty means that the defendant wants to fight their charges and see if the government can prove their case beyond a reasonable doubt. A plea of guilty means that the person did the crime, believes that the government can prove it, and is ready to accept responsibility for their actions.
The main thing to consider before pleading guilty in trial is whether or not the government can prove their case against an individual. There are shades of grey in the criminal justice system, and the intent question is often very important.
There could be child pornography in an individual’s computer or even just remnants of incriminating images, but if other people had access to the computer, the accusations may not hold much validity in court. If other people loaded child porn onto an individual’s computer, but they did not view it or have knowledge of it, they could most likely not be guilty of anything. It is important to assess a variety of factors before entering a guilty plea.
Common Plea Bargains in Charleston
A common plea bargain in Charleston is charge bargaining. Some circuits allow the prosecutors to convict someone of distribution of child pornography with an act such as loading an image from a thumb drive to a laptop. In a situation like that, they would certainly want to try to negotiate that down to possession of child pornography.
If there is a possession of child pornography offense, they would want to have it reduced to a charge that would keep them from having to register as a sex offender. They can also try to negotiate the number of images they possessed, as federal sentencing adheres to a guideline of ranges.
There are a number of things they can do even if their goal at the outset is to try to cut their losses and cut a deal. If there is a group that is sharing child pornography images, people may be able to get favorable treatment for revealing more information.
Evidence may not always be what it seems. A young adult woman could be playing the roles of a teenager and the agents and the government experts mistake a legal-aged person for someone underage. Or, there may be different people who have access to the computer. There is a lot to evaluate before an individual enters a guilty plea, so they should always discuss their options with their Charleston trial legal representative before they make any move.
Navigating Plea Bargains with the Help of a Charleston Child Pornography Trial Attorney
It is important to have the counsel of a qualified attorney when deciding on how to plea. These are major felony charges with tremendous collateral consequences. For some people, it involves lifetime sexual offender registration, even after a prison sentence. There are minimum mandatory sentences involved.
Federal sentencing is very technical and presenting a case in a way that can earn favorable treatment by the court is a challenging process. Anybody facing these charges could benefit greatly from the assistance of a Charleston child pornography lawyer before making a plea or going to trial. Call today to learn more about how you can protect your rights.