Child Exploitation — Probation for Multiple Counts

Key Details

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• Charges: Sexual Exploitation of Children (4 counts)
• Risk: Mandatory minimum 5 years in prison per count
• Resolution: 20 years probation (charges merged); no prison time

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Case Description

Our client was arrested following an investigation sparked by a cybertip from the National Center for Missing and Exploited Children. The investigation alleged that our client possessed and controlled four separate images of children engaged in sexually explicit conduct. The case originated from October 2022, and our client faced serious mandatory minimum sentences on multiple counts.

Legal Strategy

We negotiated with the prosecution regarding charge structure and sentencing. Our strategy focused on demonstrating that our client had no prior criminal history and presenting mitigating factors that supported a probation sentence. We worked to have the charges merged and to avoid the devastating mandatory prison sentences.

Challenges

The charge of sexual exploitation of children typically carries a mandatory minimum prison sentence of five years per count. With four counts, our client potentially faced 20 years or more in prison. We had to overcome both the serious nature of the charges and the statutory requirements for imprisonment.

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Resolution

We successfully negotiated a plea agreement in which our client pled guilty and was sentenced by Superior Court Judge Bonnie Oliver to 20 years on probation. The key to this outcome was having the other three counts merged into the first count, effectively treating this as a single offense for sentencing purposes. This merger, combined with effective mitigation regarding our client's lack of criminal history, allowed the judge to deviate from the mandatory minimum prison sentence. Our client received straight probation, avoiding what could have been decades behind bars.

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