Families of SOs Community Group
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my son was arrested for child pornography at our home by home invasion many months ago all pictures were on phone no hard copies. His attorney has delayed as often as he was able for all court proceedings The next court date is plea hearing,and we have not found out date as yet I am the devastated mom and we are a shocked very hurting family. In a million years I would never had seen this occurring. My son is pleading guilty per advisement from lawyer. Lawyer states judge does not care about seeking Counciling. I feel strongly it will behoove my son as to just sitting home in his self imposed prison He did attend 5 times with counselor but he felt that was adequate counceling service offers a sex offender group a couple times a week would the judge see this as favorable? Would the sex psych evaluation test be a good idea my son is under 30 yrs old no problems ever with the law he has older siblings, raised without out a dad, not a lot of dating , was habitual pot smoker at night with likeminded guy friends and maintained a good job with great pay everything has changed our county prides itself on strong convictions against sex offenders He is extremely fearful of safety in prison due to his crime looking for advisement please
A state prosecution for CP is much better than a federal prosecution for several reasons. Congress has enacted mandatory minimum sentences for CP at the federal level; receipt or distribution of CP carries a mandatory five year sentence, but there is no mandatory minimum for simple possession. And at the federal level, a federal inmate must serve 85% of his sentence before he is considered for release, as federal inmates only receive 54 days good time credit per year for holding a job and having a good conduct record. There is also no parole in the federal system as parole was abolished during the Reagan administration.
At the state level, it is possible that he could receive probation for his CP charges since there are no mandatory minimums at the state level. And if he is under the custody or the DOC---Department of Corrections---rather than the BOP---Bureau of Prisons----he will receive some good time credits.
You said, “My son is pleading guilty per advisement from lawyer.”
He will have to accept a negotiated plea of guilty for the charges. It would be stupid and a form of judicial suicide to go to trial since they found the images or videos on his phone. They have everything they need to convict him at trial.
You said, “Lawyer states judge does not care about seeking Counciling.”
Is the lawyer saying that attending therapy sessions will not make a difference in his sentencing? When he is convicted, he will be mandated to attend therapy sessions anyway either in prison or on probation. Many judges are very receptive to a positive psychosexual evaluation performed by another health professional, but maybe your son’s attorney knows that it would not make any difference to this particular judge. But as I said, a positive psychosexual examination would be proof that your son is not a continuing danger to the community and not likely to reoffend, which some judges will take into consideration at sentencing.
You said, “He did attend 5 times with counselor but he felt that was adequate counceling service offers a sex offender group a couple times a week would the judge see this as favorable?”
If your son takes it upon himself to seek help for his problem, sometimes that will help at sentencing. It would show the court that he knows he has a problem and is working to fix it. You might ask the attorney his opinion if your son would benefit by counseling and therapy. I don’t think it can hurt since he is pleading guilty anyway. And sometimes a favorable report from the mental health professional will cause the prosecutor to offer a much better plea deal.
At this point, the goal is working toward the best plea deal for your son with the hope that he can stay out of prison and serve a sentence of probation.
You said, “He is extremely fearful of safety in prison due to his crime looking for advisement please.
Inmates do not like sex offenders. I was in a medium security prison for eight years on a 20 year sentence on a false rape conviction, but I was very careful, had good communication skills, and carried myself well. I did not have any problems.
If he receives a prison sentence under 10 years, he will be sent to a minimum or lower security prison and his safety should be no problem. Inmates at minimum security prisons are usually petty criminals---many are first timers---and they are not violent. He will be safe there.
If he receives a sentence greater than 15 years, depending on the state, they may place him at a medium prison. Inmates at a medium security prison are much more violent and likely to assault a sex offender than those at a minimum security prison.
Unless he was distributing or producing the images, it is likely that he will be sent to a minimum security prison, so his safety will not be an issue as long as he does not do something monumentally stupid like snitch on someone or get in debt and unable to pay his debt.
Anytime you have a question you can send me a message. I am just getting over viral pneumonia in both lungs, so I got behind with my messages and posts, but I am catching up.
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