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My bf was offered a 15 year plea deal on 4 count of child porn and 8 counts of distribution. He has never been in trouble before

Hopkinsville, KY |

He did not commit this crime however he has been in county lockup for over a month now and is tired. His attorney told him he will only serve 20% of a 15 year deal. Is this true?

Attorney Answers 3

Posted

It's doubtful that your bf is innocent of a crime he's willing to take a 15 year plea deal with lifetime sex offender registration. The fact that he hasn't been in trouble before clearly isn't important to the prosecutor who is offering a stiff sentence.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

What your boyfriend's lawyer probably told him that there is a 20% parole eligibility for a class C or D felony. This is true.

However, no guarantee exists that he will make parole on the first eligibility date. Often on such a. LNG sentence as 15 years, he will learn the term "flop." This is where the parole board let's him serve another 12-24 months before reconsidering him for parole. He will undoubtably be required to complete a sex offender treatment program (SOTP) where he must admit his crime before being allowed to be considered for parole. This program takes 18+ months minimum. If he fails to admit his problem and crime, he will not be granted parole.

He should discuss his situation fully with his lawyer.

You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 1733 High St. Denver, CO 80218 (720) 722-2050 http://www.solomonesq.com/

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2 comments

Frank Mascagni III

Frank Mascagni III

Posted

Mark's answer relates to state prosecution of this crime, not in the federal jurisdiction. Federal statutes are different and there is no parole. The defendant needs to address his concerns with his attorney and questions about sex offender registration under KY law.

Frank Mascagni III

Frank Mascagni III

Posted

Good answer, Mark.

Posted

These are very serious cases that have can be brought in state and federal court. You need an attorney that understands how to present mitigation evidence to help your boy friend. I often have doctors that specialize in sex offenders evaluate my clients and testify in court regarding what issues brought these actions and what needs to be done to help the individual.

I hope this has helped some.

Sincerely,

Erick Platten

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