5 part question 2 states and federal!

[Seekingbalance]

What is the name of your state? PA
I was arrested for an aggravated Assault. December. I found
what appeared to be questionable underage images sites on our family
computer. I deleted them. Her 28 year old son was downloading a lot of porn.
I sent it to a friend to password protect it in Florida.
My spouse at that time freaked out, claiming it was I and not her 28
year old son who was looking at underage material.
Florida seized the computer at the request of PA. .
It has been 9 months now, my attorney is telling me, if there was
anything on that computer, PA would have filed charge by now.

Since 5 adults used that computer daily how could they technically
assign blame?
I have an upcoming child support hearing in Florida. If PA has done
nothing, and just supposing there was something on the computer
could Florida possibly move against me on their own, and bushwhack me
at the support hearing ?
Now my first ex is screaming that she has inside information from the DA in PA
I am facing over 400 counts of interstate distribution of underage pornography just for
sending the computer to Florida.
Would that not then not actually entail a federal action? And can
Florida do anything if PA has no known or has not filed anything? And
questioned by my council on the matter does the ADA not have an
obligation to advise him if there were??

Both my child support attorney and my PA criminal attorney are telling me
this is nothing more than a tactic to scare me, because if I do not
attend the Florida hearing they can tell the judge I an making far
more than I actually am and get an increase solely on what she claims I
am making. My Florida attorney Say's he cannot act as a witness, or
present my financial information without me there??? Further both are
saying to me, why would any DA tell either one of them, and not my
council anything if there was anything?
How best can I find out? or at this stage am I worrying needlessly?

4 parts..

What is the probablity any charges will come after 9 months?

Would a DA tell my first ex wife ( who has nothing to do with my issues in PA) anything and not tell my counsel who asked directly?

Can Florida act on it's own if PA has not acted and do they have any legal right to do so?

If there were any charges regarding interstate distribution, would the mere fact that I sent the computer to Florida constitute interstate distribution, and would that not involve federal authorities?

If I fail to show up at a child support increase hearing, can they really say what ever they want, make up a number I am not making and my lawyer can not submit my financials without me there even though I have sworn to them under oath by a court reporter in an affidavit here?

Thank you

[clubbed by med]

Let me get this straight... You have a lawyer, that you've paid for, and s/he can't answer these questions for you?!!

My answer to all your questions is:

GET A REAL ATTORNEY!

[FlyingRon]

I'm further confused by the first line (aggravated assault) and the entire story that follows. You've left something out here.

[Seekingbalance]

Ron,
the agg assault is all I am charged with. And that is where all of this other speculation stems from. This comes from my ex's not any other charges. Does Florida have any juristiction, since PA has created no case?
This is from my perspective, and my attorneys perspective, all BS. But neither attorney seems willing to specualte since there are no current charges after 9 months. They both feel my ex's are blowing smoke up my arse!

[CdwJava]

Personally, I find it completely BS that you'd need to SEND your laptop to FL to be password protected when said friend could simply tell you how to do it over the phone ... it's REAL easy to do. I suspect that the allegations may be closer to truth than fiction, here. If not, that act alone sends up a ton of red flags.


Seekingbalanca, no one can predict what a prosecutor or court might decide at some point in the future. It just is not possible. Can FL act? Maybe .. it depends on the details. Would a DA in PA tell the ex wife they are about to indict? Maybe. It wouldn't be wise, but maybe. Besides she claims "inside" info, that does not mean it came from the DA ... maybe an investigator with that office, an ADA, a secretary, or even the cops.

There's too much to speculate on and nothing to really go on. Just deal with what is in hand and worry about the rest if it comes up.

If you did indeed have incriminating items on the laptop, then I suggest you 'fess up to your attorney so he can be prepared if/when that comes up.

- Carl

[Seekingbalance]

Carl,
first off I notified my current wife and her adult children living in my home, using the desktop i was filing for divorce action. 5 people were using that computer, her 3 adult kids, her and myself.A week after I informed her, they came up with that gem! " that stuff was placed on the computer "I could find nothing myself, when I searched, and opted to send it out myself to protect myself to be searched after my ex and her son claimed to have planted crap on it
Christ, I was in the middle of a custody battle with my first ex wife over her physically, abusing my minor children! .. I had temporary custody for over a year. So in the middle of a custody battle over my minor children I would have to have been a raving lunatic to engage in that kind of bizarre behavior. My attorney is well aware of the allegations and the minute details of the threats that were made by my wife and her 28 year old son.who LITERALLY ROBED ME OF OVER $4000.00 With no one to pay all the the bills, house payment, car payment etc. A big financial loss to all of them, meaning they would have to work!!
Please do not jump to conclusions, i did not write all of this up, in order to avoid making it so long. I think a lot of people would have had the same knee jerk reaction I did. SO who gets assigned blame if anything were there?
My counsel knows i willingly would present myself for a polygraph administered by an examiner of their choose! And i do believe he has made that offer if anything was pending..

[Seekingbalance]

I went to court on a preliminary in February on the agg assault charges, the D.A. got it stuck in the order I would have to have monitored contact with my children. On may 2nd, 6 months after the allegations of crap on the computer, the judge tossed the order and reinstated the original order of contact with my minor kids, no evidence was presented to the court showing that supervised contact with my children should be monitored and through out the provision and condition of bail.
Now if they had something would that not have been the optmum time to spring it on the court? 6 months after the allegations were made? and this same ADA made claims that I had twice been convicted of rape. Information from my ex wife, that was also a total fabrication. And last item, when my ex tried to get Florida to limit me to supervised visitation in mid June, the court in Florida said no way, the visitation stands per the original visitation order. Now if they had something they missed two opportunities, and if I were a DA I would do everything in my power to protect the children.
I find it hard to fathom, they could not in that time frame, review the computer, and present something, anything of validation.
Not being argumentative here, just asking serious questions and giving more detail as needed.