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  1. #1
    Join Date
    Jun 2012
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    11

    Default 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

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Child Porn Charge

    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.

  3. #3
    Join Date
    Jun 2012
    Posts
    11

    Default Re: Child Porn Charge

    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

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Child Porn Charge

    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.

  5. #5
    Join Date
    Jun 2012
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    11

    Default Re: Child Porn Charge

    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

    - - - Updated - - -

    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!

    - - - Updated - - -

    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!

    - - - Updated - - -

    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!

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Child Porn Charge

    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.

  7. #7
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Re: Child Porn Charge

    Quote Quoting tc498
    View Post
    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.
    That is very worth repositing. Some people plea out not realizing what they are getting into with a sex offender designation!

  8. #8
    Join Date
    Jun 2012
    Posts
    11

    Default Re: Child Porn Charge

    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

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Child Porn Charge

    Quote Quoting pintomann
    View Post
    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
    You mean your trial date? If so, I hope your lawyer has brought a motion to compel on the hard drive.
    Quote Quoting jk
    View Post
    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.
    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.
    Quote Quoting jk
    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.
    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.
    Quote Quoting pintomann
    View Post
    it also seems they{DA} would get my wife to testify etc in court..but they have not contacted her in any way
    I expect that your attorney has the prosecution's witness list.

  10. #10
    Join Date
    Jun 2012
    Posts
    11

    Default Re: Child Porn Charge

    adjourned?

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

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