Online Solicitation of a Minor
My question involves criminal law for the state of: Texas
My husband was charged with online solicitation of a minor under the age of 14. I believe this to be the work of a vengeful, psycologically troubled niece who was repeatedly raped by her father as a young girl. My niece also brought charges against my father for rape (her grandfather.) The charges were later dismissed in his case.
I do not have proof that it is my niece & now my husband has to go to trial or plea out. The police say they have an online transcript, but there is no evidence on our home computers which were examined by them. They did however find a trojan on 1 of them & Yahoo IM. They are going ahead with the case because they have an online transcript. My husband is going to plea out for 8 years probation & 200 hours community service so he does not risk jail time. His main interest is being able to support his family.
Is there any way we can see the online transcript if he pleas? I believe that if I see It I will be able to tell if it was my niece.
Thank you!
Re: Online Solicitation of a Minor
Um.
It doesn't really matter who you think was on the other end of the conversation. Niece, neighbor, undercover cop, they're all irrelevant.
What matters is your husband's end of the conversation. Apparently, your husband's end of the conversation was more than enough to charge him and land a state for the case so tight that his options are trial or plea bargain. Instant messenger conversations are stored on the provider's servers, regardless of whether they're archived on your local machine.
Your husband can certainly ask to see the evidence against him. His attorney is under no obligation to share it with you, however, and while you might think you can tell who was on the other end from a transcript, there's nothing you could do with the perceived information in any case.