My son was sentenced in Floriduh for 1 count cp. He accidentally downloaded it when downloading music. He got 30 month, 15 years probation and I moved here to PA so when he was released it would be here and not FL. Because FL is lifetime on the registry. He got 15 years on the registry here.
I'm shocked when I see people here in PA getting more than the 15 years registry. . but I know it's all according to the 'crime'.

Depending on what kind of cp , how many images, how many he downloaded, and for how long might be the reason for 25-life.

I would say that's not bad, 23 months in prison.. my son got 30. Was it federal or state?
My son was federal. He was 21 at the time as well. If my son did not take the plea it would have went to trial and he was looking at 25 years in the joint.

My personal, not legal, is that you should more or less take whatever you can get. I can't speak for PA, but in GA if you're accused you will likely be convicted. If you take it to trial, you will receive more time if found guilty. If your son did have the material then he is 'guilty'. It's hard to refute that part. The therapy is likely helpful. If he'll only spend < 2years inside.....that isn't a bad deal. I was just released after 6 years. I was offered a 20 serve 6. I served all 6 years. Not for CP mind you, I touched a 15 year old's thigh, which is CM. Just my opinion...
Andy

It would be state prison. they found 20 -30 pics and dropped it to 10. Plus they say he shared one. second for that.

second charge not second time.

They get you to take pleas to get it over with on their part .but they know with this unconstitutional registry u basically wil be inprisoned.no rights .pay in the system rest ur life .with no due process .no puitive punishment they call it .they say that its not cruel unusual punishment .u make one mistake your life is over. My hub has 13yrs of pro left. Who knows on counceling .never set a time period .so they can lie and keep hin paying counceling rest his pro .they in control.then after that he has 25yrs lawyer said ..or life.and then he can petition off registry .so lets see 18yrs plus 25after that equals .life .80yrs old !hes in his 40s .tell me that life isnt cruel punitive .our son is only 6yrs old .hes been and i been collateral damage now 5yrs .they say human right .family support unit .protection .free to travel blah blah blah .then why we prisoned up every day of our lives .why is our son punished ..sorry im so sad today .our lil boy graduated kindergarden today .and it made me happy but sad .we shouldnt have to be made to live this way with fanilies who have fathers on registry .that cant even be part of child life its Not right at all.and no body cares!

If i was you id ask the lawyer about the sex offender registry see he tells you whole truth about it .and ask hin what human rights are you grabted being a citizen usa ..ask whie on registry if he can have a hearing set after time to be reevaluated .etc ..due process. Etc then let us know too if you be so kind to do ..our loved ones has human rights like anyone else .read the declaration human rights of 1998 .. just like dbrad said its going to take lawyers to fight like they do ib carsol .they now allowed go anywhere if you can donate on behalf ur son .like i am an others .maybe one day our Rights be given back what govt deceived and took away from one bad mistake

For ten images of CP, I would say six to twenty three months is a very good deal, even with the five years probation. It could have been much, much worse.

I have seen many, many cases for first time offenders in which they hit them for at least five years and sometimes more. A ten years state sentence for possession is not uncommon at all.

If this was a federal case, the mandatory minimum for receipt is five years and he would have to serve abut 85% of that since the federal system has no parole.

Personally, your attorney needs to work on the DA, but I would take the six months in a heartbeat. That is a very reasonable deal.

The others in the group got less time than that??? What did they receive, because six months to twenty three months in a state facility sounds very fair?

I would mention to my attorney that I would want a stipulation that the feds will not pick up the charges. I doubt they would, but it never hurts to make sure. If he pleas, you want to make all this go away.

rewdiazepam

PA has the AWA which is based on offense only. The distribution charge if convicted would be what's gets him the 25 yr on the registry.

The 6-23 months is a good deal. We're in MD and my son got 5 yr all suspended but 1 at the county jail plus 5 yr probation and 25 on the registry. He took a plea for distributing and it was only 1 video that was shared and about 20 they found altogether.

thanks for clearing that up klw . . my son was possession only. But they wanted to up charges to distribution. Glad that didn't happen.

But with the laws always in flux who knows what my son's final 'sentence' will be. even tho he's out since January.. I've seen too many people go off the registry only to have to go back on .

CP Possession is an un-winable charge. It's defiantly better to take a plea than going to trial. I was charged in VT (state) and accepted a plea for 1 count. I received 5 years probation, no jail, 2 1/2 years group therapy. I transferred to SC where they don't have a level 1 classification but registry is for life. My current PO believes that will change as the registry grows. What helped me was to get a professional Psycho-Sexual evaluation. It cost me $2,500 but was invaluable to to show the state that I was not a bad person. I was 52 years old.

MD is also an AWA state. It became AWA compliant Oct 1 2010.

My son also goes to individual counseling as part of his probation and is not allowed to use a computer/internet unless it's for work or looking for/applying for jobs. He was voluntarily going to individual therapy while he was out on bail waiting to see what was going to happen to him.

Taking a CP case to trial is almost legal suicide. It is close to impossible to convince a jury that you were not responsible for any images or videos they found on the hard drive.

I know some people have tried, using the theory that spyware or a virus was the cause of the CP, but it never seems to work. I have seen one case in the last five or six years in which the defendant was acquitted.

One guy in Arizona went to trial and the jury gave him 200 years, 10 years for each count and he had 20 counts. The prosecutor had asked for 340 years. He later appealed it to the United States Supreme Court on the grounds that the sentence amounted to cruel and unusual punishment, but the court declined to hear the case.

So you can see where I am coming from when I say going to trial can be disastrous.

If they found CP, then your son is guilty of possession and possibly receipt regardless of how the images got there. The state does not care how they got there, only that they are there.

The crux of the matter is this: You can go to trial and receive five or ten years in prison or you can take the plea. If you go to trial they will probably charge him with multiple counts, whereas if he pleas they will run all the counts concurrently, which will benefit him greatly.

The plea deal offered is more than fair.

Good luck and tell your son to hang in there.

rewdiazepam

My advice, take the deal. My son plead guilty to 1 count of possessing and distributing CP, got 10 years federal, plus 10 years supervised release, and is now also facing charges in Montana, even though he had never been there. He was a first offender, not even a parking ticket before all this.

The registration has do with the amount of felonies if it's more than one , you can still be a low risk but still register for 25 to life. My husband has friends that are police officers and even they feel there has to be changes to the registry.