Legal Question in Criminal Law in California

Misdeamenor charge of possesion of Chilp Porn

I currently have an open case that will start with my first court appearance on 8/9/04. Its a misdameanor charge for possesion of child pornagraphy. I know it was stupid and i am not into that i was just curious! I ended up ordering one vid and the postal inspector searched my house about 6 months ago. My question is... I have no criminal record, no prior offences and really no motivation or desire to look at that kind of stuff... What kind of punishment are we talking about here? 1year jail probation? Can someone just give me an idea or something?

Thanks!


Asked on 7/21/04, 3:51 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Misdemeanor charge of possesion of Child Porn

Thank you for your posting.

You didn't mention which code section you are accused of violating, but the title of your question suggests it is one of the potential Penal Code misdemeanors that covers this area. If, for example, you plead or are found guilty of Penal Code �311.10, you face a maximum of one year in jail, and a fine and assessments that could total approximately $3,000 maximum, or a lower sentence plus probation.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 7/21/04, 4:47 pm
Terry A. Nelson Nelson & Lawless

Re: Misdeamenor charge of possesion of Chilp Porn

It depends upon the DA and judge involved. If it really is the only thing they found, and you have no priors of any kind, and especially not of this kind, then you might hope to get fines and probation if you have good counsel representing you. It is possible they will seek jail, which counsel will have to fight. Call me if interested in good and reasonable defense.

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Answered on 7/21/04, 6:46 pm


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