Legal Question in Criminal Law in Illinois

How do the police determine how many counts to give someone? If someone is arrested with 5 counts of child pornography does that mean they have 5 pictures? 5 devices with the porn on it? 5 different child? Just a random number they decide on? Something else?

Asked on 5/17/13, 12:45 pm

1 Answer from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.

It is based on applying the facts and the law to the case. It is not a random number. If you are being charged with possession of child pornography, the State's Attorney, not the police, will ultimately decide what charges to bring. The charges must be supported by probable cause which will be decided by a judge at a preliminary hearing or by the Grand Jury.

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Answered on 5/17/13, 12:56 pm

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