wrongfully accusedPosted on 02/26/13, 11:53 pm
Reply #1 02/27/13 10:20am
I am so glad folks are stopping falling into the plea trap. For so many years we have not fought back and now we are and it feels great!
Reply #2 02/27/13 4:07pm
The problem here is: he has allready been convicted....now he is awaiting sentencing.
I just wish that there was a quick & dirty way to get to every young person these kernals of truth we NOW KNOW......
That is : 1) The police/authorities ARE NOT YOUR FRIENDS.....
2) DO NOT SPEAK WITH THEM--EVER without representation....They will turn , twist & lie about every word spoken to make you look evil, and them all without blame.
3) Trust your gut with your attorney---not ALL are with you, especially in sex cases--they don't want their name attached to cases like this...
4) Paying for an attorney is NOT ALWAYS the best move. They will suck you in for that first $1000 and act all gung-ho, but then, amazingly, things get bogged down...they stop answering YOUR questions, they stop telling you what is going on, and claim that , o yeah, I filed today on that, o yeah, I spoke with the prosecution--all with no written evidence of such....and then, the kicker, "Um, I'm gonna need more money to push this through, and get it to the right judge, district, whatever..."" Just try to find a pro bono WITH experience in & had cases involving whatever you or your loved one is charged with..
5) Don't believe them when they say...take the deal..its better for everyone..Ha! It is ONLY better for them...
They will always throw that "20 yr in Fed Prison " at you. In reality, especially if the case is weak, does not happen often. Again, as someone pointed out here, cases involving CP downloaded via peer-to-peer networks...it doesn't matter HOW it got there, if you cannot PROVE beyond a shadow of a doubt that your loved one was NOT the one d/loading the pics and videos, then it really is all said & done!
Broken--- your fiance's case & my son's case are nearly exact in detail:
Limewire, multiple roommates (Navy sailors for God Sakes!!), and it was my son's fiancee who actually downloaded and installed that damn Limewire 4) My son did not even have the passcode for the network..HOWEVER..it was his computer...and thus received a 15yr sentence for receipt of cp..
Reply #3 02/27/13 4:28pm
Oh! I forgot to add Broken-----
Not sure what you mean about "advertising or advertisement"--This sounds like a prosecution made up mumbo-jumbo!
I think what they are trying to convince the judge is : If you download Limewire, and install it with all of the default settings...whatever folder the cp is downloaded into ( any file d/loaded, cp or not..) will go into that folder, and, by default, it is a SHARED folder..meaning others CAN download files stored on his computer, even without his knowledge....Now, you can go into the settings, and UNSHARE that folder, but hey, if we were all computer geeks, right??
Anyway, the prosecution wanted to hang another charge for CP DISTRIBUTION on my son, simply because of this folder..Wow!!....And when he appeared before the judge for his entering of plea ( he decided to take it...thinking he was getting 5-7yrs, instead of 20+), the prosecution had the FBI computer forensic expert on the stand...and the question of distribution came up. He flatly stated thatthere was NO evidence of any distribution--great!! BUT..hold up, the plot thickens...3 months later, in front of same judge for sentencing..and by golly, the prosecution BEFORE sentencing..wants to have ANOTHER FBI computer forensic expert testify ( objected, and rightfully so by my son's attorney--objection OVERRULED!!)
This guy gets up there and tells the judge that through some totally hocus pocus crap, that there MAY HAVE been a transmission of 1 file...
When my son's attorney questioned this "expert" here are the answers:
Q-If my client sent a file---to who? A- we don't know. Q- If my client sent a file or pic, when?-A-we don't that either.---Q-If my client sent a file knowingly or unknowingly as the case seems to be, WHAT file or pic was sent?-A-we can't identify that specific file...Q- If my client, as you state as an expert, sent a file, knowingly or not, yet you can not identify to who, can't identify when, or even identify WHAT file, I think I can state quite for certain, that you & the prosecution has proved nothing to that fact, and ask the court to dismiss this grandstanding effort against my client."
Well, guess what...NOPE..The judge decided by the evidence ( or lack there of), that there indeed MAY have been a transmission of at least one file, and tacked on another 5 yrs to his sentence, making it a 15yr hitch. Un..effing believable!! But yes..all true...
warning to all....listen to what others have been thru this...DO NOT TRUST THEM..EVER!!!
Reply #4 02/27/13 9:11pm
I am so sorry....that is very corrupt! You might ask for a judge trial, vs a jury one, and do ReSearch on ALL the judges to make sure you can ask for a specific one. Ask around. Look for lawyers that have done good jobs with cases like yours. I didn't directly deal with my fiancé's case when he was first convicted, but I know, had he had more support from family, friends, etc., he probably would have beaten it. As it stands, me and mine are trying to save up $2500 to start a case to get Jack's record expunged of the S.O. charges. Very difficult when one has a part time job + a car payment + car insurance + gas.... X_x the list goes on. Best of luck to you, Broken.
Reply #5 03/02/13 10:08am
Thanks guys. I couldn't let him plea for something he didn't do. And the plea isn't much less than the conviction. Just gives the lawyers easy money. We are doing everything we can to fight this but of course with little $. The first lousy lawyers took everything and then some. And too late we realized they weren't doing much just trying to pressure a plea but the judge wouldn't allow a seperation. So we got stuck. Now these guys tell us they're too busy for us but will make sure the motion for appeal is file in time. But will takes months to get us our files n discovery so we can hire someone new. I just can't trust they'll even get the appeal filed in time. The time they give for this conviction is outrageous! I need to figure out how to work on changing it! I get so mad hearing on news or tv people who rape or attack someone or rob someone w a gun, etc. violent crimes w direct victim get a year or so or probation? What is wrong w this country and legal system? Where is the 'justice'? It's insane. Doesn't make sense. And ruins way more lives than they know. America has the highest incarceration rate of any country yet we're the land of the free?
Reply #6 03/02/13 10:10pm
I am so sorry brokenin2. I know your pain well. My son was in the army, lived in the barracks, had limewire on his laptop. He let anyone and everyone use the laptop. He proved that but since it was his computer they said he was responsible. There is no justice system. There is a judical system but there is nothing leagal or justice about it!
This group is here to help those with loved ones who are convicted of sex offenses. This is a place where we don't judge because we are all in the same boat, regardless of the actual crime. If you don't feel completely comfortable posting freely on the main board because of the nature of your loved one's crime, feel free to post here because we all understand!