My best friend is currently in Harris County Jail in Houston, TX... can't afford a lawyer so is using a court appointed lawyer... he received a couple emails with pictures of underage girls dressed suggestively... he later deleted them... this was 2 years ago... he is now being charged with possession of child porn and tampering with evidence... understands that he should not have opened the files in the zipped folder after seeing the one and is willing to pay the consequence... his lawyer doesn't even know the story-hasn't asked and said he could get him 8 years in a federal prison because they speculate he's a major player... which isn't true... the pics were from 2 yrs ago and nothing ever since... what can we do to get the lawyer to work for us and not against us.

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Originally Posted by need2knowlaw

My best friend is currently in Harris County Jail in Houston, TX...can't afford a lawyer so is using a court appointed lawyer...he received a couple emails with pictures of underage girls dressed suggestively...he later deleted them...this was 2 years ago...he is now being charged with possesion of child porn and tampering with evidence...understands that he should not have opened the files in the zipped folder after seeing the one and is willing to pay the consequence...his lawyer doesn't even know the story-hasn't asked and said he could get him 8 years in a federal prison because they speculate he's a major player... which isn't true...the pics were from 2 yrs ago and nothing ever since...what can we do to get the lawyer to work for us and not against us.

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He can hire his own private Attorney if he is dissatisfied with the Court-appointed Attorney.

My experience is that Court-appointed Attorneys spend less (wasted) time chasing around and get quickly to the heart of the issue because they aren't being paid by the hour.

If there has been no activity of interest to the Government in two years, why did they arrest him now? What tipped the Government to the photos? Was someone else arrested and turned his name over in exchange for some consideration?

I don't know that the story much matters - he got the photos, he opened them, they can prove it.

Again - a private Attorney MIGHT be willing to spend more time on this but that won't change the evidence.

What is the tampering with evidence charge about?

The court appointed attorney will see his rights are not violated. If you want a PI to research things, then you have to hire them.

Most likely they review the evidence before the hearings.

Sounds like there is more that the DA is saying was going on

The tampering evidence charge was from him deleting them after receiving them... he's in the middle of a messy divorce and his ex was the one to tip them off about what happened 2yrs ago... can't afford an attorney... only evidence they have was he viewed and deleted them 2 yrs ago... has never been in trouble before-8 yr sentence just seems a little much especially when my niece was molested-torn front and back when she was 4... the man failed a lie detector test and only proof they had was my neice's word and the fact that she was torn... 4 yrs later and that man hasn't spent a night in jail... I'm just frustrated... but thank you for your replies... greatly appreciate-if any good has come it's that my friend and I have become closer with God and we just have to put our faith in his hands.

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Originally Posted by need2knowlaw

The tampering evidence charge was from him deleting them after receiving them...he's in the middle of a messy divorce and his ex was the one to tip them off about what happened 2yrs ago...can't afford an attorney...only evidence they have was he viewed and deleted them 2 yrs ago...has never been in trouble before-8 yr sentence just seems a little much especially when my neice was molested-torn front and back when she was 4... the man failed a lie detector test and only proof they had was my neice's word and the fact that she was torn...4 yrs later and that man hasn't spent a night in jail...I'm just frustrated...but thank you for your replies...greatly appreciate-if any good has come it's that my friend and I have become closer with God and we just have to put our faith in his hands.

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Your niece's case is certainly tragic but, as I said, it's all about the evidence. Just from a practical standpoint - who sent your friend the child porn emails? A stranger?

And he never wiped his computer after realizing what was in the email? It is very possible that the argument will be that the didn't wipe the file, he simply deleted it and could have restored it at any time.

Hello need:

You don't NEED to know the law. You NEED to know HOW to manage your lawyer. I can't tell you how to DO that, but it works something like being a squeaky wheel. It works if you KNOW what questions to ask, and you don't constantly CALL them to ask silly stuff.

Most PD's are GOOD lawyers, and they really want to HELP their clients... But, they don't have the time or budget...

excon