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F3 only offense, accused of poss. of child porn

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Daddy2Liv&Ab

Junior Member
FLORIDA

This past January I came home after work to find that my wife had accused me of possetion of child porn. She had called the police and had my computer coinfiscated and had the police meet me at the house. That was the last time I was able to set foot in my house as she promptly changed all the locks.
This is not the begining of our troubles as our relationship has been ready to self destruct for about 3 years now for various reasons.
Long story short; 2 days later my wife files for a divorce. I was arested in March and charged with one count. I went to my arraignment and asked for a public defender (can't afford anything else). Upon viewing the discovery I see that there is a signed waver of rights, which I did not sign, that has no signatures on the witness lines; And the police are claiming that I admitted to this crap. I DID NOT DO THIS!!
There are 3 conflicting stories that my wife has given, I have lost my job due to the arest, and now the Prosecuting attorney want to either put me in jail for 5 years or make me take a plea and submit to 2 years sexual offender probation and then I'll have to register as an offender.
I have never ever been in trouble with the law before either as a kid or as an adult. I did not do this people and I really need help as this public defender is no ball of fire. He has done nothing to include me in on what is going on and the sentencing date is coming up quick (July 2ND).
I need advice! Good advice. I have posted on other sites and all I get is alot of ridicule as if I am some kind of pedophile or something. I am not!!
I have 2 wonderful kids and I would lose them forever if I had to submit to either of the courts recomendations. This isn't fair! It isn't justice! This is a one sided battle and I am on the wrong side.
Isn't there someone out there that can offer me something solid? Something that I can streghnthen my defence with?
I don't want to go to jail, and I don't deserve to be labeled as something I am not;; But mostly I don't want to lose my kids. I've lost everything else and they are all I have left!What is the name of your state?
 


CdwJava

Senior Member
No one here is in much of a position to give you better advice than your attorney.

What kind of kiddie porn are we talking about? How did it get on your computer? What is your defense?

- Carl
 

Kane

Member
FLORIDA

This past January I came home after work to find that my wife had accused me of possetion of child porn. She had called the police and had my computer coinfiscated and had the police meet me at the house. That was the last time I was able to set foot in my house as she promptly changed all the locks.
This is not the begining of our troubles as our relationship has been ready to self destruct for about 3 years now for various reasons.
Long story short; 2 days later my wife files for a divorce. I was arested in March and charged with one count. I went to my arraignment and asked for a public defender (can't afford anything else). Upon viewing the discovery I see that there is a signed waver of rights, which I did not sign, that has no signatures on the witness lines; And the police are claiming that I admitted to this crap. I DID NOT DO THIS!! There are 3 conflicting stories that my wife has given, I have lost my job due to the arest, and now the Prosecuting attorney want to either put me in jail for 5 years or make me take a plea and submit to 2 years sexual offender probation and then I'll have to register as an offender.
I have never ever been in trouble with the law before either as a kid or as an adult. I did not do this people and I really need help as this public defender is no ball of fire. He has done nothing to include me in on what is going on and the sentencing date is coming up quick (July 2ND).
I need advice! Good advice. I have posted on other sites and all I get is alot of ridicule as if I am some kind of pedophile or something. I am not!!
I have 2 wonderful kids and I would lose them forever if I had to submit to either of the courts recomendations. This isn't fair! It isn't justice! This is a one sided battle and I am on the wrong side.
Isn't there someone out there that can offer me something solid? Something that I can streghnthen my defence with?
I don't want to go to jail, and I don't deserve to be labeled as something I am not;; But mostly I don't want to lose my kids. I've lost everything else and they are all I have left!What is the name of your state?
Your post is kind of hard to follow. For example, what does, "I see that there is a signed waver of rights, which I did not sign, that has no signatures on the witness lines," mean?

If your "sentencing" is coming up, does that mean you've already plead "guilty"?

Nevertheless, here's some questions you ought to be asking yourself (if you haven't already plead), and discussing with your attorney.

1. What images are on the computer?
2. If you didn't put them there, who did?
3. Is your confession admissible?
4. If you didn't confess, why are the police saying you did? Are they mistaken? Or are they out to get you?
5. What's your criminal record? If you testify, will it be admissible?
6. Are you a believable witness?

Your attorney, regardless of how good or bad he is, can't work miracles. If there are images of child porn on your computer, and the police are saying you admitted they were yours, your chances of acquittal are slim. I don't know how it will play out, but if your wife testifies against you, the police say you confessed, and the jury is horrified when they see the pictures, what do you think they'll do to you?

Unless you've got a credible explanation of how those pictures got your computer (that doesn't involve you putting them there), along with an explanation of why the police are saying you confessed, when you didn't, your choice is between a very bad option, and one that's even worse.
 

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