November 10, 2015 By Stephen Klarich

Probation Eligibility for Child Pornography Convictions in Los Angeles

Are you facing child pornography charges in Los Angeles? If so, you need to speak to a skilled and knowledgeable Los Angeles child pornography attorney who can help you find out about your potential punishment and probation eligibility for child pornography convictions.

A child pornography conviction can mean jail or prison time, fines and, worst of all, lifetime registration as a sex offender in California. However, one of our experienced and professional Los Angeles child pornography attorneys may be able to successfully argue that you deserve an opportunity to complete probation in lieu of some of the more serious penalties of a child pornography conviction.

Speak to Wallin & Klarich today by calling (877) 4-NO-JAIL or (877) 466-5245.

Prosecution for a Los Angles Child Pornography Crime

probation eligibility for child pornography
If you are facing child porn charges, speak with an experienced Los Angeles child pornography attorney who can help you find out about probation eligibility for child pornography.

There are a variety of offenses involving child pornography that you can be prosecuted for, including but not limited to:

  • Distributing child pornography (PC 311.1(a); PC 311.2(b).);
  • Developing, duplicating, printing or exchanging child pornography (PC 311.3);
  • Employing a minor or minors to produce child pornography (PC 311.4);
  • Advertising child pornography (PC 311.10); and
  • Possessing child pornography (PC 311.11).

Typically, child pornography crimes are prosecuted as felony offenses although some charges are technically “wobblers” – meaning they can be prosecuted as either a misdemeanor or a felony.

To convict you, a prosecutor must prove beyond a reasonable doubt every element of the child pornography crime. For example, possession of child pornography – the most common child pornography charge – includes the element that you knew the sexually explicit matter in your possession involved a minor or minors as defined under California law.

If you are facing child pornography charges in Los Angeles, you need to speak to a Los Angeles child pornography attorney from Wallin & Klarich experienced in defending sex offenses. We will determine if every element of the charge against you can be proven, and we will explain to you all of your options.

Probation Eligibility for Child Pornography in Los Angeles

In California, if you are facing a misdemeanor conviction, the judge is authorized to grant probation on his/her own discretion.1 However, a felony charge is more serious.

In felony cases, the court must refer your case to a probation officer who will investigate you and the facts of the case. The officer is required to make and submit a report of his/her recommendation to the judge as to whether the officer believes probation should be granted or denied and the conditions of probation, if granted.

Whether you will receive probation for a felony conviction will depend on:

  • The circumstances of your crime; and
  • Your prior life experience including the extent, if any, of a prior criminal record.

After the court receives the probation report, the court will review it to determine whether you should receive a grant of probation or be sentenced to serve custody time due to your conviction. The court will look at all factors in “aggravation” (those facts that tend to indicate that the crime or your prior history should make the punishment more severe), as well as all factors in “mitigation” (those facts that tend to indicate the crime or your prior history should make the punishment less severe).2

Your lawyer should prepare a “statement of mitigation,” which should bring to the court’s attention all of the factors in mitigation in an attempt to have the court grant your probation.

Advantages of Probation for a Los Angeles Child Pornography Conviction

Probation means the suspension of a sentence and the order of conditional and revocable release in the community with or without the supervision of a probation officer. Probation allows you to remain free in the community under “conditional release,” rather than to serve a jail or prison sentence for your conviction.3

If you are granted probation for a felony child pornography conviction, you must agree to report frequently to a probation officer, as well as:

  • Complete an outpatient sex offender management treatment program;
  • Waive your right to self-incrimination;
  • Waive your psychotherapist-patient privilege;
  • Consent to polygraph examinations; and
  • Pay for your treatment if you are able to afford it.4

Other conditions of probation for either a felony or misdemeanor child pornography conviction may include:

  • No contact with any minors under the age of 18 (including your own children and relatives);
  • Staying away from places where children gather, such as schools, parks, arcades, day-care centers, public swimming pools, public libraries and theme parks; and/or
  • Complying with a nightly curfew.

Being granted probation doesn’t relieve you of your duty to register as a sex offender if you are convicted of a sex offense. But it does allow you the opportunity to keep your job. It is a far better alternative than serving a long sentence in jail or prison.

Call the Los Angeles Child Pornography Attorneys at Wallin & Klarich

The attorneys at Wallin & Klarich have over 30 years of experience successfully defending our clients facing the serious consequences associated with a child pornography crime. If you or a family member has been charged with a sex offense, speak to one of our knowledgeable criminal defense attorneys today. We will review the evidence against you to determine whether your charges can be reduced or dismissed. We may be able to persuade the court to grant you probation instead of having to serve a lengthy jail or prison sentence.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, West Covina and Victorville, Wallin & Klarich will give your case the personal attention you deserve so that your constitutional rights are protected. We will spend the time and effort necessary to get you the best result possible in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

1. [Cal. Pen. Code § 1203 (a)]
2. [Cal. Pen. Code § 1203 (b)(1)]
3. [Cal. Pen. Code § 1203 (a)]
4. [Cal. Pen. Code § 1203.067 (b)]

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