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  1. #1
    Join Date
    Nov 2011
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    1

    Default Disseminating Indecent Materials to Minors, Attempt

    My question involves criminal law for the state of: New York

    I was chatting with someone that was an undercover, thought to be a 15 year old girl.
    We went to meet up and i was arrested.

    I am charged with Attempted Disseminating indecent materials to minors (E Felony)

    I was brought to this country when i was 2 years old and i also have an immigration case, and if i am convicted of this charge i will get kicked out of this country.

    My lawyers tried to make a deal with the DA and made an offer to take a Endangering the welfare of a child charge also an E felony, but will help my immigration case.

    The Da's rejected the plea, my question is, will it make a difference for the DA's weather i take the original change or not?
    I am planning to take this case to trail, but i just wanted to know that if the DA's can change her mind and take the proposed charge before the trial happens.
    It doesn't make sense to go to trial for the DA's if they win and get the same level of charge that i am offering.

    Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Disseminating Indecent Materials to Minors, Attempt

    It's entirely at his discretion as to whether to change the charge or not and pretty much that can happen up until they start the actual trial (first witness called).
    Frankly, if he has a solid case (sounds like he does), why would he let you plead to a non-sex offense? They might be so inclined if there was a real child involved here that they wanted to avoid actually having the kid potentially exposed to the trial. Keeping illegal alien pedophiles from being deported doesn't rank high on their list of reasons to accept pleas.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Disseminating Indecent Materials to Minors, Attempt

    Quote Quoting yamhoss86
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    The Da's rejected the plea, my question is, will it make a difference for the DA's weather i take the original change or not?
    If the D.A. rejected the plea, it makes a difference to the D.A. Would I be correct in inferring that "Attempted Disseminating Indecent Materials to Minors" is a sex offense requiring registration as a sex offender and "Endangering the Welfare of a Child" is not? If that inference is correct, odds are that's your explanation. (I see from N.Y. Cor. Law § 168-a that "a conviction of or a conviction for an attempt to commit any of the provisions of section 235.22 of the penal law" requires registration - is that the charge against you? Also, New York Penal Code § 260.10, Endangering the Welfare of a Child, is a Class A misdemeanor, so what statute are you talking about as being equivalent to the "Attempted Disseminating Indecent Materials to Minors" charge?)
    Quote Quoting yamhoss86
    I am planning to take this case to trail,
    Then... happy trails to you?
    Quote Quoting yamhoss86
    but i just wanted to know that if the DA's can change her mind and take the proposed charge before the trial happens.
    Is it possible that the prosecutor will offer a different plea bargain before trial, or is it possible that the D.A. will accept your lawyer's proposal? Yes, it's possible. That doesn't mean that it's probable - you will need to discuss your odds with your lawyer.
    Quote Quoting yamhoss86
    It doesn't make sense to go to trial for the DA's if they win and get the same level of charge that i am offering.
    Perhaps the D.A. wants you to be a registered sex offender, or wants you to be deported, in which case the "level" is secondary to the prosecutor's goals.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Disseminating Indecent Materials to Minors, Attempt

    Quote Quoting Mr. Knowitall
    View Post
    Perhaps the D.A. wants you to be a registered sex offender, or wants you to be deported, in which case the "level" is secondary to the prosecutor's goals.
    How about, what if the D.A. wants both. No offense OP, but the D.A. may not be concerned with your desires to stay in the country at all. Previous offense. Soliciting a minor. Getting caught trying to seduce a minor. Why would they want to deal in order to help you? Not trying to be antagonistic. I'm just being real cut and dry.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Disseminating Indecent Materials to Minors, Attempt

    Regardless of which it is, you will likely be deported as undesirable. Lets face it, you are.

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