Families of SOs Community Group
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He got 30 months in federal prison and 15 years probation by taking a plea.
If he went to trial he was looking at 25 years in prison. LIsten to these people here. Most of us in this situation were shocked when handed a prison sentence. . there's no way around it.
If your dad cannot reach his attorney tonight, when he sees him tomorrow, THE FIRST THING he needs to tell him is that he has decided to plea and he needs him to talk to the DA. The DA will most likely be glad to do that as they don't like going to trial.
The fact that he ex-girlfriend is going to trail is irrelevant. It won't make a bit of difference in your dad's case.
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If he is not offered a plea deal for probation, he is not getting probation, and if goes to trial it will most likely be much worse than any plea deal he could get.
He is probably making a mistake, but I wish him well.
rewdiazepam
Unfortunately they have your father dead to rights and his odds of winning at trial are nonexistent. As far as the law is concerned it won't matter why he had the images. It's clear that not only did he have them, he intentionally sought them out and all having the ex girlfriend try to testify will do is highlight those two facts for the prosecution and hand the State a conviction on a silver platter.
The only time and place for the ex-girlfriend to testify should be during sentencing to present mitigating factors that might let a judge downwardly depart from any mandatory minimums. The people that got probation only sentences did so as part of the plea bargain process but once a person is found guilty at trial the sentencing options for going below any mandatory minimum become extremely limited.
Please, Please, Please.... Take the plea!!! There is a better chance of probation only...
Good luck!!
H.B.
He won't serve 3 years in prison anyway. Depending on the state law regarding the good time credits he gets off his sentence---if the state allows it----he will be out before 3 years unless he becomes a troublemaker in prison. In some states he will have to do 85%, but some states might be a little more generous with their good time credits.
rewdiazepam
Let me offer some advice. FIGHT IT WITH YOUR LAST DIME. You have no idea what is coming next. Parole for LIFE in most states and 15 years in the other states.
He will be at the total control of his P.O. and in most states ...a corrupt prole board. Megans law is a horrible law and he will need to register.
File with the local Attorneys board against your attorney. Have proof though. They dont hang each other out to dry. Much like the Parole boards.
I wish your father my best but I will pray for his family more. They will suffer just as much.
Once he is on Parole ..his P.O. can tell anyone and everyone that there were other charges whether he was convicted of them or not. It happened to my son so I know.