Use evaluation to show low risk or recidivism

If your client is found guilty either through plea or trial, it is important to have the client evaluated for a risk assessment. First of all, the Court will likely order it anyway so it is helpful to have it down ahead of time. Furthermore, it may help lower the sentence and if the client will be incarcerated, it may help them be released faster. This is because whenever a person is convicted of a child pornography offense, the concern from the State and the Court is that the defendant may act on his interests and harm a child at some point. It needs to be shown that there is no risk of recidivism and that this was a one time issue. Thus, even if the defendant is to be sentenced to the lowest possible term, it is still good practice. I have seen defendants (not mine) max out on a minimal term because parole thought they would present a danger to the public. A simple evaluation before sentencing could have prevented that.

Essex County Child Pornography Attorney

Posted on May 11, 2013, in Sentencing Issues and tagged . Bookmark the permalink. Leave a comment.

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