Need Criminal Defense Help. Think I'm being wrongly charged.?

Question

I tried typing it here, but it was too long.

If you still want to help me out, I wrote it up in WordPad, and uploaded it as an html web page to my web server.

http://nawwe.com/investigation.htm

nawwe.com/investigation.htm

Answer 1

you haven't been charged with anything yet.  If you are ever charged, read the exact statute you are alleged to have violated, not just the title, but the whole statute,  and you will then know the nature of the charge and the nature of your defense.  The business with the phone is meaningless because you voluntarily gave it to him.  His lies about why he wanted it have no legal significance.  Once he obtained it he could examine it and sieze the evidence.  The mere fact that the officer isn't sure what charges to bring works for you.   There may not be any charges.  However, nothing good can come of keeping a relationship with a young girl whose mother is opposed to it.  Move on.

Answer 2

I am not an attorney.  My first bit of advise would be to retain legal counsel immediately, and break off any, and all contact with this girl.  No contact means no contact.  Don't call her, don't accept her calls, don't text her, don't write to her, if you should see her in public run away.  Also judging by your statement you willingly gave him the phone.  He does not need a warrant.  However, he may need a warrant to get your phone records, and even though you deleted the pictures from your phone they may still be stored in it's memory, and are recoverable using data recovery methods.  Also you should know that nude pictures in an of themselves are not child pornography.  They must be of an explicate, or sexual nature.  As I stated before your first course of action is to retain a lawyer preferably a criminal defense attorney.  It maybe expensive, but if it saves your freedom it will be worth it. Good Luck

Answer 3

You are likely in trouble.  Regardless of how things progressed, bottom line is you are 18 and she's underage. Stay the heck away from her!

Answer 4

In New York State what you did is a chargeable offense.

My advice-stay away from this girl-she's bad news.

I doubt any charges will be brought against you unless the prosecutor is a gung-ho idiot.

Answer 5

You are not being wrongly charged.  You did what they said to a degree but then you had contact with her again, and even more than you did in the past.  So her mother is pressing charges against you.  Didn't you hear the policeman's warning?  Can't you find a girl who is at least in high school and not in middle school?

Highly suggest you get a lawyer and fast.  Let them talk to the prosecutor and see if they can work out a deal that they drop everything if you agree not to ever talk to her again.  I hope they suggest that you change your cell number, email address, etc. etc. etc.  This is a bad situation that you should have run away from a long time ago and you persisted.

The last thing you want to do is be registered as a pedophile.

Answer 6

You are an 18 year old male that asked for (and received) a nude photo of a 13 year old girl.

You are not being wrongly charged.  You possessed Child Pornography, knowingly and on purpose.

Answer 7

Nope you gave him the phone!

Why people talk at the station without a lawyer is beyond me.

When you talk you do not know what cards they are holding.

If they had the goods on you, they would have locked you up.

So, you keep your mouth shut and do not give them anymore!

People love to run their mouths even on Judge Judy! Lawyer up and shut up!

Did you know they could come here and get your statement? I have seen it done!

You need to zip it and zip it tight.

Yes, you where wrong.

Answer 8

13 year old kids can't agree to anything. Congrats, you might well soon be on the s*x offender registry for your actions. Yeah it sucks, but you, at 18, asked a 13 girl for naked pictures. That is enticing a minor, possession of child pornography (which is a strict liability crime), and they might get you for more stuff.

Get a really good criminal defense lawyer as soon as you possibly can.

EDIT: The only possible thing you have going for you is that you are no longer in possession of the picture, and when you turned in your phone (which you should not have done unless the police had a warrant)  there was no incriminating evidence.

You are still not being wrongly charged.