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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10539
Experience:  Over 10 years of criminal defense practice.
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Have been to court and signed papers and was finger printed

Customer Question

Have been to court and signed papers and was finger printed but have not been sentenced to prison yet. I would like to know if I can change the sentence from 19 months to house arrest or probation? The kids was a woman's I met online and there was no men involved in the pic's. My attorney said 2 or 3 should not be child porn. I was charged with 5 counts. I have been in the V.A. hospital for over a month and would like to stay here where I can be near my doctors I have used for over 30 years. I am not in good health and I am almost sure that my doctors would say that I don't need to be sent away in my condition. I am willing to cooperate with anything they would have me do for probation or house arrest if I can change the sentence. Please help me with this if you can? Thank you very much for your time.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Nate replied 10 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

You mentioned you have not been sentenced yet, but obviously are concerned about prison. What has been agreed to so far?
Customer: replied 10 months ago.


They did give me 19 months but I was in the hospital and could not go to court that day. I signed the papers before and they finger printed me. I assume they will take me from the court to prison if I can not get this changed to just probation or house arrest. I need to know if I have a chance at doing that?


 

Expert:  Nate replied 10 months ago.
If you agreed to 19 months with a sentencing hearing, then your length of sentence has been decided (19 months), but the manner in which you serve it (prison, house arrest, probation) is still up to the judge.

If you already agreed to a 19 month sentence, your attorney would need to file a motion to modify sentence and explain the reasons why house arrest or serving the sentence at the VA would be most appropriate in your situation.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 10 months ago.

Can I talk to the judge or does it have to be done through the lawyer? Sorry I am not up on the law and don't understand it very much. Do you have any idea what my chances are for getting it changed to house arrest or probation if I do everything I am told?

Expert:  Nate replied 10 months ago.
That's alright. I'm here to help.

You can only have a chance to talk to the judge by firing your lawyer. Even though appointed, I would hesitate to do that.

The chances depend on many variables, such as the judge himself and the district attorney's view. It's really hard to say from here. In my experience, the more medically necessary accommodations are combined with a lack of a threat to society, the more likely the judge is to agree with them.
Customer: replied 10 months ago.

Thank you so much for your advice. You have been very helpful. Have a blessed evening.

Expert:  Nate replied 10 months ago.
I wish you well and hope the court sees things your way.

Before you go, please do remember to rate my service.

Thanks again,
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10539
Experience: Over 10 years of criminal defense practice.
Nate and 3 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

Hi, I have a few more questions about my rights. I was not read my maranda right's. I don't know how to spell that, sorry. I was wondering if they could still charge me for not doing that? I have a court date and I am still in the hospital. They said they can give me a pass to go to court but have to go back to hospital. Can they take me from there to prison? I spoke with my lawyer and she said I shouldn't push things to much about the photo's I had. There were 5 counts and she said that 2 or 3 shouldn't have been counted so I am wanting to know why she doesn't want me to say anything, it seems like that could reduce the time they gave me. I would love to be able to talk with you on the phone if possible? Please let me know as soon as you get this if there is anything I can do about my right's not being read to me and if I should say something in court about the photo's? Thank you....This is actually Sharon speaking for John.

Expert:  Nate replied 10 months ago.
There's nothing else to do once you have pleaded guilty. You're up for sentencing. You cannot argue you didn't do what you've entered a plea for doing.

Miranda rights only matter if your statements are used against you. Now that you've entered a plea, those kinds of issues don't matter any longer.

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