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How do you start the process in appealing a law. Marcy's law…

How do you start...

How do you start the process in appealing a law. Marcy's law to be specific.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Dakota

Lawyer's Assistant: Has anything been filed or reported?

I have done nothing yet. The back ground behind my request is...My nephew was charged with promoting obscenities to a minor

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

Through snap chat. He never met her he never called her but the mother found the pictures the girl said she was 19!!! on facebook but she is 14

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Answered in 4 minutes by:
3/7/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,442
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Hello: My name is ***** ***** I am an attorney.

Are you sure this is not a scam against your nephew? Is this Mother asking for money?

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Customer reply replied 5 months ago
states attorney is telling us that he is facing 5 years in prison, probably serve 2 and a $50,000 fine, and we can't go after her because of this "Marcy's law" she is still sending naked pictures of herself out to boys. We have a signed statement from one of them he is a minor. I am at a loss because this punishment does not fit this crime

If the District Attorney's office is involved or the Attorney General, then your nephew needs a criminal defense attorney. Does he have counsel at this time? Was he appointed counsel?

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Customer reply replied 5 months ago
We hired a lawyer, but because of this "Marcy's Law" he is stating that we can't go after the girl because she is "protected" but she continues to send out naked pictures of herself to other boys. She has been to Juvenile detention. How do you fight this? Go after this law?
Customer reply replied 5 months ago
We tried to offer a deferred felony but the States Attorney wouldn't accept it. The boy has had no trouble with the law. He is a college graduate and this tween is about to ruin his life.

To attempt to negate the law, you would most likely have to claim that the law is unconstitutional.

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Customer reply replied 5 months ago
Is that only option to fight this? She is not a victim if she continues to entice boys to send her back pictures after she has solicited pictures of herself to them first.

If she is violating a law, that is up to the DA's office or the Attorney General's office to bring charges. Apparently, they are aware of the situation. Usually, something like this is part of an extortion scheme.

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Customer reply replied 5 months ago
options for me to help fight this for him? I am not saying that this was not a crime yes my nephew is 24 and should have known better but she posted on facebook her age was 19 he did not know she was a minor and this punishment for this offense seems "overkill"

I understand. Regarding her wrongdoing, that is something that would be taking into in determining a plea bargain or dismissal. Your nephew's attorney would address those issue with the prosecuting attorney. I would imagine this has already been brought to their attention.

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Customer reply replied 5 months ago
we have only gotten to the first court appearance where he plead not guilty. We know have a preliminary hearing scheduled for next Thursday which I am not sure what happens there? We are going to get psych eval done for my nephew the lawyer said we can use it in preliminary but not in court?

I would listen to your nephew's attorney regarding what evidence is appropriate for the preliminary hearing verses the actual trial.

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If not, please provide a positive rating between 3 and 5 stars at no additional charge to you so I can get credit or helping you. Best regards.

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