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What will happn to my friend and what are conditions of probation?
My friend is 22 years old, lives in the suburbs of new york. He was arrested in his county which is better then being arrested by federal agents. He had 2 counts of promoting child porn (class d felony) and 9 counts of posession of child porn (class e felony). The classify child porn as "sexual performance by a child" but they are only pictures. However, he accepted a plea deal of only one count of possesion of child porn. He will be labeled a level (1) one sex offender which means he is unlikely to repeat the offense again and is not a huge threat to children. He will be on it for 20 years but will not be on the public registry. He is allowed to be with minors but can't be left alone with them. He has ADHD disorder, is seeing a psychiatrist and took a sexual predator test which came back that he does not have sexual tendencies towards children. He also got psychiatrist testing done. He does not pose a threat to anyone and is extremely remorseful for what he did. Its been proven that jail time would not benefit him or the public (from all the testing done). The Judge also put a 6 month cap on his case so he wouldnt get more thn 6 months. Do you think he will get jail time? Will he get a fine? mandate counseling? I know the decision is ultimately up to the judge but id like to get peoples opinions on this. His lawyer says his got a 90% chance of not going to jail. He heard that there will be 28 conditions to his probation. I know some of them are: he can't be left alone with minors, cant be on any social networking or dating websites, a curfew of 10pm, he cant go to any bars or strip clubs, he must report to probation and they are allowed to search his room in his house at anytime. What other conditions of probation are there? However, he does not have to tell the community wear he lives and is allowed near schools
Am I the only one thinking:
1: Ralphie is the "friend"
or
2: Troll
Anyway, N0help is right, and no matter how much you argue, it isn't going to change the results.
Besides:
Quote:
Originally Posted by Ralphie4you
The question was changed a bit so im not repeating the same question.
You do not post a new question if you get more information, you reply with said information. You are only supposed to post a new question if you have a new question. If it is "changed a bit" I don't think it qualifies. If your first two got shot down, it's for good reason, and this one will only get the same result.
so the Judge may or may not so how are you expecting any acceptable answer from us when it will always be the Judge may or may not.
he may or may not be mandated to counseling
I asked why would they stop it ''rather than mandating it'' The Judge will not go by what he feels your friend may or may not do so that is a fallacy on your part right there. IF the Judge feels his counseling needs to continue he will mandate it. That is my point so where was I wrong on that?
MY bf is not a threat to the community and he does not need punished, He missed a court review because his sister stole his mail and he has 2 months jail time so how do you figure that he won't get 6 months and if you are so sure he won't get 6 months why are you asking the question to begin with?
Justice my not be served in your eyes but I am sure that in some parents mind justice would be served.
I know many people besides my bf that have wrongfully done jail time for NO good reason.
Someday you will learn that the system is not always fair.
If you do not like the answers maybe you shouldn't be asking the questions
The Judge may or may not is right. But if his a decent human being, he should see all the facts of the case and that he is sorry. I just want peoples opinions but i dont want empty opinions. I want opinions with supporting facts, figures, etc.. Instead of just guessing, I want an educated response. If the judge feels strongly that my friend will go to counseling on his own, the he might not mandate it. After all, this case he is facing has been open for over a year now and his been in therapy over the past year. Counseling could be benefiticial but yet not mandated. Your case of your bf must be a unique one. It depends on the type of judge you get and on his mood. In your case, the judge must not have been decent and did not take important criteria in mind. Peopl should be notified of something or be aware of the ramifications before they can get in trouble for it. I want peoples opinion with educated. Justice would not be served even in the eyes of a parent. I know protecting children is a top priority but not putting someone in jail if it serves no purpose. I know that the system is not always fair and that is why the system should be changed and any flaws pointed out to top law enforcement and courts
Am I the only one thinking:
1: Ralphie is the "friend"
or
2: Troll
Anyway, N0help is right, and no matter how much you argue, it isn't going to change the results.
Besides:
You do not post a new question if you get more information, you reply with said information. You are only supposed to post a new question if you have a new question. If it is "changed a bit" I don't think it qualifies. If your first two got shot down, it's for good reason, and this one will only get the same result.
Please read the site rules.
No, I'm not the friend. bu i've been friends with david for a long time now and i would do anything to protect him. i'm also trying to get him to cope with all this. They closed my last two questions because people weren't understanding what i was saying. This time, i provided all the information up front so i could make things easier on everyone. This question is changed a bit and i added new information and a new question to it. This time should be different, it will not be people bickering back and fourth. I will hopefully get true opinions on the topic and helpful information. Please do not reply to my posts disputing what i type or circumventing what im asking for. I only want useful and helpful information. This post will not be shot down
But if his a decent human being, he should see all the facts of the case and that he is sorry.
Sorry is an opinion, not a fact
Quote:
I just want peoples opinions but i dont want empty opinions. I want opinions with supporting facts, figures, etc.. Instead of just guessing, I want an educated response.
Whatever an "empty opinion" is, N0help isn't giving one. You are saying "he is sorry" which is an opinion. N0help is saying "the judge said possibly 6 months" which is a fact.
Quote:
Peopl should be notified of something or be aware of the ramifications before they can get in trouble for it.
It's a citizen's responsibility to know the law of his country. If your "friend" doesn't know the law, that is his problem.
Quote:
I know that the system is not always fair and that is why the system should be changed and any flaws pointed out to top law enforcement and courts
What would you propose changing it to?
Defendant: I'm sorry.
Judge: Okay, you're free to go.
Sorry is an opinion, not a fact Whatever an "empty opinion" is, N0help isn't giving one. You are saying "he is sorry" which is an opinion. N0help is saying "the judge said possibly 6 months" which is a fact.It's a citizen's responsibility to know the law of his country. If your "friend" doesn't know the law, that is his problem.
What would you propose changing it to?
Defendant: I'm sorry.
Judge: Okay, you're free to go.
Sorry, doesn't work that way.
Actually thats a fact, not an opinion. A de cent person would see that his not harmful and give him a second chance with no jail time, PERIOD! A fact, not opinion. So far, all i've gotten is empty opinions, I want helpful information. Helpinhere and nohelp is not helping. 6 months cap is a fact, but if his a dent judge, he should get no jail. He is sorry actually is a fact, there was testing done to prove that he is sorry behind a shadow of a doubt. So dont tell me, sorry is an opinion. And the laws should be known to all people at all times, that is correct. But if the government passes a new law without informing the public, they cant expect the public to obey that new law. All laws must be made available to the public before they can become enforced. and thats backed up by other laws. And the example you gave is a poor example. I think you were making fun of me more then making a point. If an appology can be proven, testing is done to prove their is no threat, they own up to the crime they committed and if the crime is not too severe- if ALL those conditions apply then there should be no jail time
Actually thats a fact, not an opinion ... A fact, not opinion ... He is sorry actually is a fact, there was testing done to prove that he is sorry behind a shadow of a doubt.
Okay, first, it's "Beyond a reasonable doubt." not "behind a shadow of a doubt" second, could you please tell me what this "testing" is?
The only thing I could think of is a polygraph machine, which doesn't stand up in court, and a brain graphing/mapping, which also doesn't stand up in court.
Until you show some proof, I'm backing N0help, and still saying sorry is an opinion. Which it is.
Quote:
And the laws should be known to all people at all times, that is correct. But if the government passes a new law without informing the public, they cant expect the public to obey that new law. All laws must be made available to the public before they can become enforced. and thats backed up by other laws.
Yes, every applicable law that would ever apply is avaliable on public record. If you don't believe me, go ask your "friend"'s public defender, he'll confirm this. It's called public record because the public has access. So saying the government didn't inform him, is a bold faced lie. Again, it's his responsibility as a citizen to know the law. If he doesn't know what's on public record, or chooses to break the law, that is his problem. Guilty, and punishable by law.
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