Child Porn Charge

My question involves criminal law for the state of: Tn

My wife found some pics on a computer I had and turned it in...they say they found 81 pics of child porn on it and arrested me on sexual exploration of a minor. The computer they found them on I got used off craigslist the week before. I DIDNT LOOK AT KID PORN!!!!

I got a lawyer paid him 15 grand! a year ago.. set for trail in July and I still dont know what the pics are when they were put on the hard drive etc. They still have not released the hard drive for discovery so an expert I hire can look at the hard drive.

My lawyer said last week the cop stated he had forgot about me and would be getting it to him..but still has not done it..he told my lawyer we could;d work something out on the charges..plea? but didn't say what as of yet.

This makes me mad if I had robbed a bank they would have told me long ago what bank where and what time I robbed it! I know the pics were put on there before I got it and would be date and time stamped etc..And i will be able to show I was at work or something at that time!!!

Wonder why they are pissing foot around and wont give my lawyer the hard drive? Its been a year and court is in 3 weeks

My lawyer says I have nothing to worry about..the cops statement that he had forgot about me was music to his ears...and that if he thought I had something to worry about he would be telling me to settle my affairs because i would be going to jail. but he is not telling me that..he say I have nothing to worry about

until the gavel drops after the judge says: case dismissed or not guilty, you always have something to worry about.


the actions of your lawyer do sound odd. To not have reviewed the evidence against you is a problem. He is who should be pushing for a disclosure of the evidence.

and the cop forgetting about you? So? The cop isn't in charge of the evidence. The DA is. The cop forgetting about you means nothing.

From what I understand the lead cop has the hard drive...seems to me they would have to let us have it so our expert can scan the hard drive. Its a class c felony charge..my lawyer says anything short of a plea offer of no jail time we will go to trail. He says the cop says we will be able to work something out...but I dont want to plea I want to see the hard drive

no idea why the cop would have the hard drive. The DA needs it if they are going to use it for evidence.


and the cop doesn't work out anything. The DA is the guy that will offer a plea deal, if it is offered. The cop has nothing to say about the issue.

i just don't understand why they have not released it so my lawyers expert could scan it..its been a damn year and courts is 2 weeks away.. and it also seems they{DA} would get my wife to testify etc in court..but they have not contacted her in any way

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makes no sence to me whay its been a year and 2 weekd before court date...and i still dont know what the pics are and what time and date they were down loaded etc!

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makes no sence to me whay its been a year and 2 weekd before court date...and i still dont know what the pics are and what time and date they were down loaded etc!

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makes no sence to me whay its been a year and 2 weekd before court date...and i still dont know what the pics are and what time and date they were down loaded etc!

Even a no jail plea is probably gonna require you to register as a sex offender and leave you with a nasty felony on your record. I would communicate to your lawyer how not registering as a sex offender is very important.

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Quoting tc498

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Even a no jail plea is probably gonna require you to register as a sex offender and leave you with a nasty felony on your record. I would communicate to your lawyer how not registering as a sex offender is very important.

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That is very worth repositing. Some people plea out not realizing what they are getting into with a sex offender designation!

I wont plea .. I want to see the pics first! i want to know when time and date they were downloaded...if it was before I got the computer or they were done while I was at work on the clock...a 15 year old boy ...my wifes sisters son used the computer for 2 days while I was at work!

again this was a used computer I got off craigslist..i had it for 9 days.. someone else had it for 4+ years! but as of now I don't know what the pics are..and when/time they were downloaded etc..will they be date and time stamped?????

the pics they found were deleted because I know i never seen any on there

lawyer said the first plea offer will be 3 years at 30% but that before he starts filing all his motions or something..says the the plea offer will get better, he say plea to a misdemeanor with no sex offender or we go to trail

I have never been charged with anything in my life !!!! Nothing not even a ticket

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Quoting pintomann

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Wonder why they are pissing foot around and wont give my lawyer the hard drive? Its been a year and court is in 3 weeks

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You mean your trial date? If so, I hope your lawyer has brought a motion to compel on the hard drive.

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Quoting jk

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the actions of your lawyer do sound odd. To not have reviewed the evidence against you is a problem. He is who should be pushing for a disclosure of the evidence.

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He may have reviewed the evidence. He almost certainly will have a written description of the pictures at issue in the case. The difficulty here appears to be getting the hard drive (or an image thereof) released to the defense expert for analysis. There are a number of reasons why that can be difficult, not the least of which are chain of custody and concern about whether testing might alter or destroy data. Those issues can be overcome, and perhaps they have already been addressed.

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Quoting jk

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and the cop forgetting about you? So? The cop isn't in charge of the evidence. The DA is. The cop forgetting about you means nothing.

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If this is the lead investigator, three weeks out from trial, one would expect that the prosecutor would be consulting with him about the case and evidence, and he would be preparing for spending a few days sitting next to the prosecutor at counsel table during the trial. It's possible that the prosecutor is anticipating a plea or an adjournment. Note, a common reason for adjournment is that there is another case (or are other cases) with priority that are scheduled for trial on the same date. The prosecutor may be focusing on preparing for a case involving an incarcerated defendant that is expected to go to trial, rather than focusing on cases with lower priority that are very likely to be adjourned.

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Quoting pintomann

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it also seems they{DA} would get my wife to testify etc in court..but they have not contacted her in any way

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I expect that your attorney has the prosecution's witness list.

adjourned?

prosecution's witness list?? HE HAS NOT SAID A WORD ABOUT MY WIFE.

Talk to your lawyer.

I have he says he has nothing and has seen nothing etc AND HAS BEEN STOOD UP 3 TIMES WHEN HE WAS TO MEET AND GET STUFF

Then he should be perfectly capable of requesting continuance until such time as discovery is completed and he's had time to review the evidence against you. The legal system isn't quick, there are lots of delays for lots of reasons. The prosecution doesn't get to surprise/spring a case on you. Calm yourself down a little.

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Mr. Knowitall;629227]
He may have reviewed the evidence. He almost certainly will have a written description of the pictures at issue in the case. The difficulty here appears to be getting the hard drive (or an image thereof) released to the defense expert for analysis. There are a number of reasons why that can be difficult, not the least of which are chain of custody and concern about whether testing might alter or destroy data. Those issues can be overcome, and perhaps they have already been addressed.

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absilutely but it sounds like neither the OP or his attorney have anything. Whether that is true or factual is unknown obviously.

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If this is the lead investigator, three weeks out from trial, one would expect that the prosecutor would be consulting with him about the case and evidence, and he would be preparing for spending a few days sitting next to the prosecutor at counsel table during the trial. It's possible that the prosecutor is anticipating a plea or an adjournment. Note, a common reason for adjournment is that there is another case (or are other cases) with priority that are scheduled for trial on the same date. The prosecutor may be focusing on preparing for a case involving an incarcerated defendant that is expected to go to trial, rather than focusing on cases with lower priority that are very likely to be adjourned.

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. The main issue I was speaking to though is the lawyer was seeking the evidence from the cop and, as stated, the cop claimed he was appropriating it for the OP. Something is really wrong with that entire scenario. The lawyer would not be contacting the cop attempting to gain access to the evidence. He would be filing motions with the court. The cop doesn't control the evidence at this time so claiming the cop stated he would provide the evidence requested is just not happening.

the entire story sounds fabricated if you ask me. Too many "facts" that are so far out of bounds of normal and typical that is just sounds made up.

either that or the OP simply has no idea what is actually going on and taking little statements and extrapolating some scenario in his mind and posting that.

If an attorney wants to examine evidence that is in police custody, that may sometimes be arranged through the prosecutor's office but may also sometimes be arranged directly through the police agency. In some cases the prosecutor will want to assert control or to be present during any review of the evidence, but in others they may defer to the officer. It's possible that this case falls into the latter category, but there are still a couple of issues - first, even if you schedule an appointment to review the physical evidence the fact that a computer is held by a police agency does not necessarily mean that the police are going to let you fire it up and examine its contents and, second, examining the computer or even its contents will not provide you with what you need in order to have an independent forensic examination of the computer and hard drive contents.

It's also possible that the officer at issue is responsible for computer evidence, and for ensuring that images or mirrors of hard drives are provided to the defense consistent with discovery motions and orders. If that's the case, though, "I forgot" wouldn't be reassuring because it's unlikely that you're dealing with the investigating officer - just a guy who might be called to support chain of custody and verify that the hard drive copy or image provided to the defense contained the same data as the one in police custody. If such an officer told me "I forgot about getting you a copy" two or three weeks before trial... well, first that's not going to happen because I'm not going to wait that long to get discovery, and second if I didn't have one already I would be seeking a motion to compel and perhaps to suppress based upon the non-cooperation with any previously obtained discovery order.

The biggest problem here is that we don't have enough information to know what's going on, and guessing doesn't do anybody much good.

Look im not the best at putting words to a keyboard!

All I konw is I got charged with 65 pics of child porn on a computer i only had 9 days. And I got it used!

I have not seen or know when the pics were downloaded etc

The cop that said he had forgot about me and that we could work something out is the 'lead investigating officer" and HEAD cop with the icac.. internet crimes against children task force with the city ..and the computer is/was stored there! icac is who did the scan of the hard drive. i have not spent much time with my attorney because he has nothing from them. court date is the 11th and i know nothing..except someone said we can work something out..what ever the hell that means!

either there is a LOT you aren't aware of or there is a real problem with your case.

when is the last time you spoke with your lawyer? When is the last time you tried to speak with your lawyer?

You should not be speaking with anybody other than your lawyer. I have no idea what the cop thinks he can do at this point but it is beyond him now. The prosecutor is who is running the show now. Anyway, nothing good can come from speaking with him, at least without your lawyer being right there with you.

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Quoting jk

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either there is a LOT you aren't aware of or there is a real problem with your case.

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like i said i know nothing

if i was charged with murder i would know who when and time of death so i might have an alibi..if i was charged with robing a bank i would know what bank where and what time, so i might have an alibi. charged with porn pics and i dont know even after a year what pics what time down loaded etc! the 'lead investigating officer ICAC" has never even questioned me in any way!

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Quoting pintomann

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like i said i know nothing

if i was charged with murder i would know who when and time of death so i might have an alibi..if i was charged with robing a bank i would know what bank where and what time, so i might have an alibi. charged with porn pics and i dont know even after a year what pics what time down loaded etc! the 'lead investigating officer ICAC" has never even questioned me in any way!

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then maybe there is a lot you aren't aware and there could be some real problems with the case.


you need to be speaking with your lawyer.

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Quoting jk

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then maybe there is a lot you aren't aware and there could be some real problems with the case.


you need to be speaking with your lawyer.

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I called him first of week, sec says there is nothing new (they have nothing) and if so he will call me to come in to go over the evidence etc...last time i spoke with him 2 weeks ago he said there is nothing to worry about and if he thought there was he would be telling me to get ready and get my affairs in order..and that (they?) seem very open to a misdemeanor plea

still nothing

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Quoting pintomann

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still nothing

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To be honest, your story stinks to high heaven. Based on the facts, as you presented them to us, your wife, the police and the court system are in cahoots to prosecute you for something you are innocent of, rather than having simply reviewed the pics on the hard drive, established the time line they were put there, gone after the seller of the computer and shut down the arm of a child porn ring.

UPDATE

Went to court the 5th was put off again for 3 more months..this is third time it has been put off for 3 months

Still nothing releases from the DA as to the pics

My lawyer seems to think "THERE ARE NO PICS"..he has put in a written request but still nothing ..just one excuss after another why they wont turn them over..he says if they had them they would be waving them under his nose and glad to show them..

then your lawyer needs to push for a conclusion to this either through a dismissal or a trial.