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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19863
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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can my husband plead to an amended Rhode Island State Police

Resolved Question:

can my husband plead to an amended Rhode Island State Police charge of accessing a computer for fraudulent purposes?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 9 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Can you explain a little more about what you are asking? Are you wondering if he can negotiate a deal with the D.A. himself? Or are you asking about lesser included offenses?
Customer: replied 9 months ago.

he has been charged with possession of child pornography - I am wondering if there is a way to plead to a lesser charge and how to do this

Expert:  Lucy, Esq. replied 9 months ago.
The D.A. has a lot of discretion in negotiating a plea bargain. It's really up to them whether to allow someone to plead to a lesser included offense, including how much evidence they have, whether the person has a prior record, and the type of crime involved.

It could be pretty difficult to convince a D.A. to reduce a child pornography charge to hacking, because it's one of the offenses that the state tries to crack down on. There may be scenarios where it could happen, depending on the facts of the case, but he would probably need a lawyer to negotiate it for him. I can't say with any certainty that he could negotiate something like that on his own.

The Rhode Island Bar Association has a referral service that will give you up to a 30 minute free consultation with one of their lawyers. You may want to contact a couple of them who can review the evidence and give you a realistic idea of what type of deal they might be able to get for him.
http://www.ribar.com/For%20the%20Public/FindingAndChoosingALawyer.aspx


If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19863
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

why was he refused public defender? Is that a decision based on income? (social security) or an implication of complete guilt?

Expert:  Lucy, Esq. replied 9 months ago.
It's only based on income and assets. The Constitution does not allow a judge to predetermine guilt and deny a lawyer on that basis. The public defender's office may be able to tell you why the request was declined.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19863
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 2 other Criminal Law Specialists are ready to help you

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