Need Criminal Defense Help. Think I'm one wrongly charged.?
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Answers:
I am not an attorney. My first bit of advise would be to retain decriminalized counsel immediately, and break off any, and adjectives contact with this girl. No contact means no contact. Don't phone call her, don't accept her calls, don't primer her, don't write to her, if you should see her in public run away. Also judging by your statement you with joy gave him the phone. He does not need a warrant. However, he may requirement a warrant to get your phone records, and even though you delete the pictures from your phone they may still be stored in it's memory, and are recoverable using data seizure methods. Also you should know that nude pictures in an of themselves are not child pornography. They must be of an explicate, or sexual nature. As I stated previously your first course of action is to retain a lawyer preferably a criminal defense attorney. It possibly expensive, but if it saves your freedom it will be worth it. Good Luck
13 year old kids can't agree to anything. Congrats, you might capably soon be on the sex offender registry for your actions. Yeah it sucks, but you, at 18, asked a 13 girl for unclothed pictures. That is enticing a minor, possession of child pornography (which is a strict liability crime), and they might get you for more stuff.
Get a really good criminal defense attorney as soon as you possibly can.
EDIT: The only possible thing you own going for you is that you are no longer in possession of the picture, and when you turned in your phone (which you should not own done unless the police had a warrant) there be no incriminating evidence.
You are still not being wrongly charged.
you haven't been charged with anything however. If you are ever charged, read the exact statute you are alleged to have violated, not just the title, but the integral statute, and you will then know the nature of the charge and the quality of your defense. The business with the phone is meaningless because you voluntarily gave it to him. His lies almost why he wanted it have no legitimate significance. Once he obtained it he could examine it and sieze the evidence. The mere fact that the officer isn't sure what charges to bring works for you. There may not be any charges. However, nought good can come of keeping a relationship with a babyish girl whose mother is opposed to it. Move on.
You are not being wrongly charged. You did what they said to a point but then you had contact beside her again, and even more than you did in the past. So her mother is pressing charges against you. Didn't you hear the policeman's instructive? Can't you find a girl who is at least in glorious school and not in middle college?
Highly suggest you get a lawyer and efficient. Let them talk to the prosecutor and see if they can work out a deal that they drop everything if you agree not to ever have a chat to her again. I hope they suggest that you change your cell number, email address, etc. etc. etc. This is a bad situation that you should enjoy run away from a long time ago and you persisted.
The last entity you want to do is be registered as a pedophile.
You are an 18 year old masculine that asked for (and received) a nude photo of a 13 year old girl.
You are not being wrongly charged. You possessed Child Pornography, intentionally and on purpose. Source(s): 8+ years Law Enforcement
Nope you gave him the phone!
Why nation talk at the station without a legal representative is beyond me.
When you talk you do not know what cards they are holding.
If they had the produce on you, they would have locked you up.
So, you keep your mouth shut and do not furnish them anymore!
People love to run their mouths even on Judge Judy! Lawyer up and shut up!
Did you know they could come here and get your statement? I have see it done!
You need to zip it and fastener it tight.
Yes, you where wrong.
In New York State what you did is a chargeable offense.
My advice-stay away from this girl-she's discouraging news.
I doubt any charges will be brought against you unless the prosecutor is a gung-ho idiot.
You are likely within trouble. Regardless of how things progressed, bottom line is you are 18 and she's underage. Stay the heck away from her!
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If you still want to help me out, I wrote it up surrounded by WordPad, and uploaded it as an html web page to my web server.
http://nawwe.com/investigation.htm
nawwe.com/investigation.htm
Answers:
I am not an attorney. My first bit of advise would be to retain decriminalized counsel immediately, and break off any, and adjectives contact with this girl. No contact means no contact. Don't phone call her, don't accept her calls, don't primer her, don't write to her, if you should see her in public run away. Also judging by your statement you with joy gave him the phone. He does not need a warrant. However, he may requirement a warrant to get your phone records, and even though you delete the pictures from your phone they may still be stored in it's memory, and are recoverable using data seizure methods. Also you should know that nude pictures in an of themselves are not child pornography. They must be of an explicate, or sexual nature. As I stated previously your first course of action is to retain a lawyer preferably a criminal defense attorney. It possibly expensive, but if it saves your freedom it will be worth it. Good Luck
13 year old kids can't agree to anything. Congrats, you might capably soon be on the sex offender registry for your actions. Yeah it sucks, but you, at 18, asked a 13 girl for unclothed pictures. That is enticing a minor, possession of child pornography (which is a strict liability crime), and they might get you for more stuff.
Get a really good criminal defense attorney as soon as you possibly can.
EDIT: The only possible thing you own going for you is that you are no longer in possession of the picture, and when you turned in your phone (which you should not own done unless the police had a warrant) there be no incriminating evidence.
You are still not being wrongly charged.
you haven't been charged with anything however. If you are ever charged, read the exact statute you are alleged to have violated, not just the title, but the integral statute, and you will then know the nature of the charge and the quality of your defense. The business with the phone is meaningless because you voluntarily gave it to him. His lies almost why he wanted it have no legitimate significance. Once he obtained it he could examine it and sieze the evidence. The mere fact that the officer isn't sure what charges to bring works for you. There may not be any charges. However, nought good can come of keeping a relationship with a babyish girl whose mother is opposed to it. Move on.
You are not being wrongly charged. You did what they said to a point but then you had contact beside her again, and even more than you did in the past. So her mother is pressing charges against you. Didn't you hear the policeman's instructive? Can't you find a girl who is at least in glorious school and not in middle college?
Highly suggest you get a lawyer and efficient. Let them talk to the prosecutor and see if they can work out a deal that they drop everything if you agree not to ever have a chat to her again. I hope they suggest that you change your cell number, email address, etc. etc. etc. This is a bad situation that you should enjoy run away from a long time ago and you persisted.
The last entity you want to do is be registered as a pedophile.
You are an 18 year old masculine that asked for (and received) a nude photo of a 13 year old girl.
You are not being wrongly charged. You possessed Child Pornography, intentionally and on purpose. Source(s): 8+ years Law Enforcement
Nope you gave him the phone!
Why nation talk at the station without a legal representative is beyond me.
When you talk you do not know what cards they are holding.
If they had the produce on you, they would have locked you up.
So, you keep your mouth shut and do not furnish them anymore!
People love to run their mouths even on Judge Judy! Lawyer up and shut up!
Did you know they could come here and get your statement? I have see it done!
You need to zip it and fastener it tight.
Yes, you where wrong.
In New York State what you did is a chargeable offense.
My advice-stay away from this girl-she's discouraging news.
I doubt any charges will be brought against you unless the prosecutor is a gung-ho idiot.
You are likely within trouble. Regardless of how things progressed, bottom line is you are 18 and she's underage. Stay the heck away from her!
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