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Juvenile Justice Case — Probation for Obscene Material

Key Details

  • Charges: Electronically Furnishing Obscene Material to Minors (First Offender Act)

  • Risk: Prison sentence and mandatory sex offender registration

  • Resolution: 12 months probation with First Offender Act status; case eligible for discharge

Case Description

Our client, a former counselor with the Department of Juvenile Justice, was charged with electronically furnishing obscene material to minors. The allegations arose from lewd photographs sent to a minor between March and September 2022. Our client had served in his position since November 2021, but was terminated following an internal investigation in October 2022.

Legal Strategy

We worked closely with the district attorney's office to evaluate the circumstances of the case and prepare comprehensive mitigation materials. Our strategy emphasized that while our client had made serious mistakes, the First Offender Act provided an appropriate framework for accountability and rehabilitation. We focused on distinguishing this case from more serious predatory conduct.

Challenges

The case involved our client's former position of trust working with youth in the juvenile justice system. The charges carried potential prison time and mandatory sex offender registration. We had to address both the legal consequences and the potential conflict of interest arising from our client's previous role in the system.

Resolution

We successfully negotiated a sentence under Georgia's First Offender Act, with our client receiving 12 months of probation. Significantly, the sentence does not include sex offender registration conditions, and our client will be allowed to be around minors except his own biological children during the probationary period. The judge noted our client "seems like a person deserving of the reduction and the ability to stay out of custody, live his life without being a convicted felon, not be on the registry and ultimately have the case discharged 12 months from now". We expressed appreciation for the district attorney's office in "closely evaluating the circumstances of the case and the judge's candor".

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