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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27749
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Maybe. In a case where a plea deal had already been reached,

Customer Question

Maybe. In a case where a plea deal had already been reached, why in the closing remarks would a DA bring up something that wasn't part of the case or in the evidence? I mean it sounded like taking shots at the defendant. Is that normal?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: NC. It was the lowest grade of felony one can get. The person downloaded a torrent file to watch a ***** ***** movie and ended up with child porn. There were witnesses that this wasn't intentional and it was immediately deleted. The detective believed him but because of the laws there still had to be a charge because there was still the signature of the file on the computer. He was not charged with a sex crime. However in her closing remarks, the DA told the court that he had admitted to watching the video while masturbating. I just don't understand.
JA: Has anything been filed or reported?
Customer: He is trying to get a copy of the detective's report. The case has been sealed because his wife's mother works at the courthouse.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

Expert:  Zoey_ JD replied 5 months ago.

Sometimes a DA will do something like that to remind a defendant of what he could have been charged with if, at some point down the road, the defendant decides to try to take his plea back. It's not illegal as it's part of the record of the case, but I agree with you. It comes off like a cheap shot.

Customer: replied 5 months ago.
Thanks. Unfortunately the groups he is involved with have taken that part and run with it. It's ruined all protests of an innocent mistake.
Customer: replied 5 months ago.
No thanks.
Expert:  Zoey_ JD replied 5 months ago.

I'm sorry to hear that. Still, the DA chose to offer a plea to a charge that was not a sex offense. And that is still indicative of highly mitigating circumstances, because prosecutors are not soft on child pornography crimes.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.