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My son convicted of holding porn had preliminary visit with…

Customer Question
My son convicted of...

My son convicted of holding porn had preliminary visit with parole officer who suggested incarceratoation witch we were denied a copy of findintings

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Have you talked to a lawyer yet?

XXX law firm represented us and told us we were not entitled to info. That tells us that they are hiding something, what is process to receive the evidence pertaining to case

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The affiant carved 4 pictures out of deleted file that were never opened. Our attorney proved the fact and the judge was not even listening he was reading a comic book or something, At first the charges were class3 felony after the hearing they changed the charge to class 2 felony and charges for all 4 pictures we have the class 3 agreement in writing. We believe the decision was already made before the hearing. I believe this was entrapment from the get go. He was on a site XXX was looking for adult model by the name of XXX and they down loaded NoName file which contained 4 pictures of child porn. He had no idea that's what was download. The file was download incomplete so he deleted it and the Feds tracted his IP address and charged him with child porn on an cyber sting. Its a real mess. Please help us he has never been charged with anything before. Is what we want to know is if after sentencing he can get all of this removed and how to get a judge to resend his confiction. We had a forensic computer spec review his had drive. Said its the lowest child porn he has ever seen on a Hard drive. The NoName file was inserted by either XXX, investigator, or someone. It was not in orginal search.

Submitted: 4 months ago.Category: Criminal Law
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Answered in 7 minutes by:
11/25/2017
Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

Was it a visit with a parole officer or a probation officer?

What specific question can I answer for you?

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Customer reply replied 4 months ago
probation officer
Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

And are the "findings" that you mention and want a copy of the pre-sentence investigation report?

Is your son in jail or is he out on bail right now?

Is the attorney retained or court appointed?

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Customer reply replied 4 months ago

He is incarcerated. XXX was our attorney

Customer reply replied 4 months ago
l. yes
2. Incarcerated sentenced to 2 to 5 years
3. Retained
Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

He has already been sentenced then? Did he plead guilty or have a trial?

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Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

After you answer these for me, please list the questions you have and number them out so I can be sure and answer them in the order in which they were asked.

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Customer reply replied 4 months ago
November 3, 2017. No trial the attorney talked him in to pleading no contest, then they dismissed the file sharing part.
Customer reply replied 4 months ago
Also attorney said if they went to jury trial that it would cost another 10,000. and would have to be paid 30days before trial. We didn't have anymore money to spend.
Criminal Lawyer: Dwayne B., Lawyer replied 4 months ago

All right, I understand what happened now.

Is there a specific question or questions with which I could assist? (please number them)

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Customer reply replied 4 months ago
Would it be worth it to appeal
Could he get a stiffer sentence.
Why can't we get a copy of the probation officers report
Can we get the judge to resend his conviction
were to we go from here
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