Normally, we do not post about cases where a plea agreement was reached, unless the terms of the agreement warrant further discussion, this case meets that requirement.
Client was charged with 3 counts of Child Pornography. If the client was convicted on any of the charges, there is a 3-year minimum mandatory prison sentence. It doesn't matter the number of images, or the persons lack of record, the sentence must be 3 years in prison.
Client had a search warrant executed on his residence and in the course of that search, law enforcement located approximately 6 images in various electronic devices. The client made a statement to law enforcement which, frankly, didn't help.
Corey Chirafisi was able to secure an expert who reviewed the images and location where images were found. Through that work, it was determined that the client likely lacked the ability to actually retrieve the images. Further, the lack of dates associated with the images provided the defense with an out, the state had to prove the images were accessed within the statute of limitations.
After discussion with the prosecution, they agreed to amend the charge to allow an "out" for the minimum mandatory sentence. They agreed if the case was resolved, they would recommend no jail on the case.
At sentencing the court commented on the work done by defense counsel and agreed to follow the recommendation for no jail time. A very unusual result for a very happy client.