Meggy,

I am truly sorry that this has happened to you and your BF as I know these situations are confusing and stressful for all involved.

I can help you out by answering some of your questions----

You asked, “Does it always go public? My neighbors and landlord know the fbi raided my place but, I just told them that the fbi wouldn't tell me anything because we're not married.”

It will probably make the local newspaper and possibly the local TV station. At any rate, people will find out about your BFs charges as news like that usually travels fast. But not everyone reads the papers or watches TV, so not everyone will know.

You asked, “I don't know what to do at this point. I think his parents are going to post his bail, but then what?”

Right now there is nothing you can do but sit tight. He will be arraigned in a few days and the formal charges will be read to him. At that time he will plead “not guilty”, bail will be set, and if he does not have an attorney, one will be appointed for him by the court. They may set the bail so high that his parents cannot afford to bail him out. If his parents do bail him out, the court will be reluctant to appoint him a public defender. The state’s position is that if he can afford to bail out, he can afford a private attorney. But, in the end, they will have to give him an attorney as no criminal case will go very far if the defendant is without an attorney. The Sixth Amendment to the U.S. Constitution guarantees an attorney to anyone accused and charged with a crime. Not having an attorney would violate your BF’s constitutional rights, so they will get him an attorney.

If he does make bail and is released, he will probably be on a form of pre-trial detention with either an ankle monitor or another form of strict detention, perhaps a form of house arrest.

But for now, there is nothing you can do. BUT, BUT if the police or anyone from law enforcement contacts you and wants to “talk” about anything, don’t talk to them. They may try to get you to say something which will further incriminate him. Just tell them that you will not talk to anyone without your attorney present----and then shut up. Tell his parents just what I have told you.

Law enforcement has a bad habit of sometimes wanting to talk to the wife or GF of a CP defendant. Anything that is said, they will twist to make the guy look bad, so it is best just to refuse to talk to them. You have no obligation to talk to the police, so don’t. There is absolutely nothing you can tell him to make things better. They are not your friend.

You asked, “How often do people get sentenced for this and how long are the sentences?”

CP charges can either be prosecuted by the feds or by the state. It sounds as if the feds are picking up the charges. If convicted----and they most likely already have enough to convict him----federal statutes have a mandatory minimum of five years for distribution or receipt of CP, but there is no mandatory minimum for simple possession. If the state picks up the charges, the sentence for CP charges at the state level are much more reasonable.

He will most likely have to plea unless his attorney can get the search warrant they used to raid the house thrown out on a legal technicality. If he can get the warrant thrown out---which is doubtful----there is a legal doctrine called “the fruit of the poisonous tree” which means any evidence gathered from an illegal search cannot be used against him.

If you have any questions or are unsure about anything, message me. I am not an attorney, but I can give you an idea of how most of these CP cases proceed.

Good luck,

rewdiazepam

I have been more of a spectator in this group, partly because I don't have much time to actually get on and ask the questions I have (or comment on posts), but my husband and I had a similar experience.

First, I want to say, I would listen to all the advice Rewdiazepam has given you. Through the posts I have read, he seems like he has the best advice because he has actually been through what our significant others have gone through or are going through now.

My situation was just a little different - my husband was not arrested right away. It was about a year and half in when he had his initial hearing. For about 6 months (before his trial) he was on house arrest. His hearing was last October and he got sentenced earlier this year. While waiting for his sentencing, he was in a holding facility. Once he was sentenced, he was transferred to his "permanent" location.

Like Rewdiazepam says, the FBI agents and even the Prosecutor wanted to talk to me. The agents came to my work to talk to me the day they raided my house. My jaw dropped when they started talking about how they were just at my house and they are investigating my husband, etc etc. They were asking me questions, but I couldn't talk, which was probably a good thing. We got lucky with our attorney because I work in a law firm - my boss recommended someone who helped out her friend. He was able to get appointed to my husband, which was a huge relief because there was no way we would be able to afford his rate. I should add, my husband did not plead guilty. He wanted to fight it because he is adamant that he did not what he was accused (now convicted) of. His family, my family and I all backed him 100% and still do.

To answer some of your questions, my husband's arrest or conviction was not on the news. I was sure it would be, only because he was in the military when it all happened (he was civilian when he was convicted). His name and charges do come up if you Google him, though. But, I am not worried about that because the people who know him and love him, support him no matter what. Anyone that feels the need to talk bad about him, doesn't deserve to be in his life.

We didn't have to post bail, but after his initial court hearing he was put on house arrest. He had rules he needed to follow (check-in with his Pre-trial Officer, turn in weekly schedules, etc). Just make sure he follows any rules placed upon him and he should be fine. And as Rewdiazepam said, do not speak with any law enforcement.

My husband was offered a 4 year plea deal. He did not take it. He was sentenced to 7 years in a federal prison. We are in the process of appeals now and though we have hopes things will work out in our favor, we are still living the reality of him being in prison and me being a single parent, for now.

Our situation is better than most, as I have a great job and understanding bosses, his parents help me out financially with sending him commissary money, my mom is my babysitter and my girls and I see my husband every week.

It will be a hard process to go through, but you will get through it. And, you will realize you are much stronger than you thought you were. Remember, you are not alone in this <3

It was the longest, heart sinking experience I have ever gone through. The police, fbi, seemingly everyone will be against you. Do not say anything to them. They will try to make you think they want to just help and will turn it against you or him in a heartbeat.

The sinking feeling may never go away though... It's been almost 2 years for me and I still feel it every day.

Thanks for your responses. Just taking it one day at a time. I did make the mistake of saying some stuff to the fbi. They wouldn't tell me what was going on until I answered some questions. Does anyone know generally how much a lawyer for a case like this costs? Just want to compare to what we are being told

Just as a frame of reference...my lawyer for Possession of Child Pornography...cost $35,000. Not sure he was worth that money...but possibly, as I was only sentenced to 40 months, where I see most get 5-10 years.