Child Pornography Possession Case in Carver MA
Criminal Charges:
Man charged in the Wareham District Court for:
- Possession of Child Pornography, in violation of M.G.L. c. 272, § 28C
City, State, County and Court:
Carver, Massachusetts, Plymouth County
Wareham District Court
Case Overview:
The National Center for Missing and Exploited Children (NCMEC) received a cyber tip that several images and videos of apparent child pornography were uploaded to a cellular phone. Police were informed of this activity and using an administrative subpoena, confirmed the tip for child pornography. These images and videos depicted children ranging in age from 8 to 13 engaged in sexual conduct with adults. Police determined the identity of the cellphone service subscriber and obtained a search warrant for his device. The police located the subscriber and seized the device. After being advised of his Miranda rights, the man – without the assistance of counsel – agreed to participate in a recorded interview with police, where he admitted to searching for child pornography and downloading it his phone. After searching the phone’s digital contents, the police located the illicit material. As a result, the man was arrested and charged with Possession of Child Pornography. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in his case.
Case Result: Two Years of Probation and No Sex Offender Registration.
After reviewing all the evidence and analyzing the case for trial, Attorney Calcagni concluded it was in the client’s best interests to negotiate a pretrial disposition or plea deal. Attorney Calcagni then assembled a volume of mitigation materials for use in pretrial negotiations with prosecutors. The parties struck a deal for the man to avoid jail time, but the prosecution was adamant about sex offender registration. Pursuant to M.G.L. c. 6, § 178E (f), Attorney Calcagni and his team submitted a motion with a supporting legal memorandum to the Court arguing in favor of no sex offender registration. Following competing arguments by the lawyers, the Court accepted the man’s guilty plea and sentenced him to two years of probation with no sex offender registration.