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Charged but charges shouldn't belong to me Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by ATyson8723, Jan 28, 2015.

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  1. ATyson8723

    ATyson8723 Law Topic Starter New Member

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    Hello,
    I am being charged with transferring photos online, child pornography, and illegal use of a communications facility.

    15 counts of the first of child pornography, 15 count of transferring these photos over the intent, 1 count of criminal use of a communications facility.

    I have no money and am stuck with a public defender in PA. So far I can not get any information on what I may be facing and how severe the punishments are.

    The problem here is these charges shouldn't be mine. As I did not download any child pornography. However there has been at least 25 others that have had access to my computer within the last 2-3 years.

    I was told the reason I am charged with this is because they were in my possession and being transferred threw my own internet. The public defender makes it seem like it is hopeless and has no idea what I can be facing. She has told me that I am facing a lot of time but can not give me an idea. I did not do this and it seems like I have no way to prove otherwise.

    What amount of time could I be facing for this? How does this work? I have so far lost everything for something I have not done. Wife, kids, business, reputation, possessions, everything. But there is no proof that I have done this. The case is being prosecuted by the Attorney Generals Office not the DA.

    Any advice and what time I may be facing would be greatly appreciated. I really have no idea what to do.

    I have never been in trouble before in my life. No arrests, DUIs, or anything. From what I hear PA laws on these things are harse. I just need to know and no one in my area wants to tell me. As I have no clue how all of this works.

    Any help would be greatly appreciated.
     
  2. mightymoose

    mightymoose Moderator

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    If there was no proof the DA would not have filed charges. They apparently believe they have something substantial.
    This is not something you want to discuss in an open forum. Speak only with your attorney.
    If you know the specific penal codes that were filed against you then you can look them up online or at the library. The penalties are typically listed with the offenses.
    This isn't small potatoes.... You need professional assistance.

    You should know that if your computers were searched and they located evidence, they can likely prove the exact date and time the data was transferred, where it came from, who was logged in, and a whole lot more.
     
    Last edited: Jan 28, 2015
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  3. Disabled Vet

    Disabled Vet Well-Known Member

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    Agree mightymoose... You must be having mental issues not to know what is or isn't on your computer. I feel for your kids.......
     
  4. ATyson8723

    ATyson8723 Law Topic Starter New Member

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    I am im going nut. They wont even let me see my kids.

    My main concern is the time.

    What time might i be facing. I am not sure what to look up.

    And no one seems to want to help. Even my attorney. She is a public defender. And has a really bad rep in my area

    Just worried my kids will be grown before i see them again.

    Can some one please shed some light on these charges?
     
  5. heracles87

    heracles87 Member

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    Does anyone else not believe this guy's story?
     
  6. army judge

    army judge Super Moderator

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    If you're convicted of these charges, many things will be considered before you are sentenced.
    You had a clean record and were a business owner before this all began.
    Those things will help you.
    You would be wise to get 50 to 100 people to write letters of recommendation and leniency for you.
    Those letter writers should be registered voters, business owners, religious officials, physicians, dentists, lawyers, police officers, firefighters, military retired or active duty personnel, judges, politicians, educators, and other prominent, respected peopel in your state (or even nationally).
    Trust me, those letters will soften the blow.

    Okay, here's the law in PA:

    http://statelaws.findlaw.com/pennsylvania-law/pennsylvania-child-pornography-laws.html

    http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.063.012.000..HTM

    I'll guess you could catch lightening on a bottle, get some charges dropped, and you might get as few as five years.

    On the other hand, if everything goes wrong, you could get as much as 45-50 years.

    The middle ground could be about 10-20 years.

    Plus, there will be fines and costs to be paid.

    No matter what the sentence, you'll be required to become a registered sex offender.
    Why?
    Because of this:
    ----------------------------------------
    Pennsylvania laws require the registration of sexually violent predators with the State Board to Assess Sexually Violent Predators. While possession of child pornography might not necessarily qualify a convicted offender as a sexually violent predator, at least one state court has found that multiple convictions for sexual abuse of a child based on child pornography charges might be enough to require registration.


    Okay, you asked for it, OP, and here it is - In many cases, the FEDS will come a calling and charge you during or after the state trial ends.
    Yes, you can be tried in both systems. Read on:

    Federal laws also prohibit child pornography violations. An accused offender may face charges in federal district court in addition to, or instead of, charges in Pennsylvania state court.
     
  7. ATyson8723

    ATyson8723 Law Topic Starter New Member

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    If you dont believe my story that is fine. Everyone here thinks they know who has done this. However there is no proof and he wont admit to it.

    The only question I really have is how much time. That is really the only question I have.

    I am charged however they did release me after spending over a week in jail.

    Why would they release me.

    Again though by looking at only thr charges how much time can i face?

    Even share a lunk would be great.
     
  8. ATyson8723

    ATyson8723 Law Topic Starter New Member

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    Just seen the link above my post. Thank you.
     
  9. army judge

    army judge Super Moderator

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    The biggest problem, beyond the charge itself, is that you were slapped with MULTIPLE counts, and that raises the severity.
    Good luck.
     
  10. ATyson8723

    ATyson8723 Law Topic Starter New Member

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    That is what i thought. From wjat I was told there was one file that contained 15 images. I am guessing that is why the 15 counts originated from.
     
  11. army judge

    army judge Super Moderator

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    If they have seized a computer, they often find more images during their forensic examination and reconstruction of the hard drive. Fasten your seat belt, turbulence is to be expected.
     
  12. mightymoose

    mightymoose Moderator

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    There is also the possibility of federal charges if they want to go that far.
    I imagine this will eventually result in a plea to avoid the messiest parts.
     
  13. army judge

    army judge Super Moderator

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    You betcha, yes sirree, brother. Those federal indictments are Thor's Hammer that makes most people "tap out", or risk getting "knocked out"!
     

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