Possession of Child Pornography: No Jail Time, Probation

In federal court, possession of child pornography almost always results in prison. The sentencing guidelines are severe, and judges rarely deviate. But in this case—despite undisputed evidence and recommended sentencing guidelines of more than seven years—we secured a sentence of probation. No prison. No jail.

Our client was charged in federal court with possession of child pornography under 18 U.S.C. § 2252(a)(4)(B). The guidelines recommended more than seven years in custody. The case involved a federal search warrant and digital evidence. There was no dispute that the material was illegal under federal law.
Still, we achieved something that almost never happens in these cases:
No incarceration. Probation only.

The Work Behind the Result
This wasn’t a quick negotiation. It took over a year of sustained effort.
We brought in some of the top forensic and psychological experts in Southern California. We tracked down medical and psychiatric records going back decades. We conducted extensive interviews and developed a full picture of our client’s life—his limitations, impairments, and the context that led to the offense.
We presented the court with a mitigation case that explained the person, not just the charge. We made clear that prison would not serve the interests of justice. We showed that, under supervision, our client would not pose a danger to the public.

The Result

Despite the nature of the charge and the harshness of the federal guidelines, the court imposed:

• One year of home confinement
• Supervised release with conditions
• No jail or prison time

Why This Matters

Federal sex offense cases are among the most difficult in the system. The stakes are high. The pressure is intense. And in most cases, the outcome is prison.
This case was different because we treated it differently. We built a comprehensive defense from day one, invested the time, and backed it up with real evidence and expert support. That made the difference.
If you’re facing a federal sex offense charge, or if someone you care about is, the outcome doesn’t have to be automatic. There are ways to fight. There are ways to win.