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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is on prob. porn involving underage subjects. he was

Customer Question

My son is on prob. for having porn involving underage subjects . he was not supposed to be on the internet but had a smart phone. He was not supposed to see his kids but did and had pics of his kids on his phone, we are in Oklahoma,do you have any advice? This is his first prob. violation in two years,he has 8 years of prob. left. He is wanting to run and I'm doing my best to talk him out of it
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Essentially, the prosecutor is claiming that the Defendant (i.e. him) violated the terms of his probation. The Court can either disagree (and the probation continues as is), or agree, in which case the Judge has discretion whether to (a) revoke probation, (b) extend probation and/or perhaps make the restrictions more stringent, or, (c) whatever else the Court feels is mandatory.

Smart Phone

If he was not supposed to use the internet, but was using it via his smart phone, then this is a violation. There is really no way around this. It may be prudent to argue that he only used it for perhaps email, etc. Provided he did not use it for anything illicit, the Court may overlook this.

If he never used the smart phone to connect to the internet, then he arguably did not violate the terms of probation. What someone in his situation wants to do is to get records from the phone company that may show (if true) that he never went online. This may go a long way to prove that he did not violate probation.

Photos of his Children

If he saw his children despite the court order and had photos documenting this, then there is really little that one can argue to disprove this, I am afraid. At best, ***** ***** possibly "fall upon the mercy of the Court," explaining that he missed his kids and wanted to at least see them once.

Running is the worst thing that he can do. If he runs, then a warrant will be out for his arrest. That warrant will never expire. Ever. He may be arrested at any time to be brought back to the Court to stand for the probation matter. In addition, running creates a strong presumption of guilt. But, if he faces the Court and asks for leniency, then the Judge may agree to allow this to slide and may perhaps still allow continuance of the probation (however, with stricter terms, possibly).

Good luck.

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