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In a child pornography case here in Pennsylvania, the single most important thing is to do whatever you can do to keep the case in state court and keep it away from federal court. So, the biggest challenge is sort of this looming threat that the prosecutor from the local agency is going to hand the case over to the feds or that the case is already in federal court. The reason for that is because the sentencing guidelines for child pornography cases in federal court are overwhelming. And so, the clients don’t want to be anywhere near federal court on these cases. But, sometimes clients already are, so then we have to deal with the federal sentencing guideline issues that come up in child porn cases. It is, by far, the most difficult aspect of the case.
Philadelphia, PA criminal defense lawyer Brian J. Zeiger talks about the importance of keeping a child pornography case from going to federal court.