My brother is facing 7 counts of production of pornography in Nevada

Asked over 1 year ago - Las Vegas, NV

The state declined now to prosecute and I'm sure it's because the photos do NOT meet the definition of pornography because the kid was goofing around and mooning the photographer and his parent was present at the shoot! The Feds have taken the case and say they will offer a pre indictment plea of 15 years! This is crazy, my brother has no record, NONE, a speeding ticket and that's it. He has turned over a computer he uses for work with 500,000 plus images of his photo work of which none are pornographic. Is it better to let them indict and go to trial to prove his innocence or go to prison for 15 years for something he did NOT do?

Attorney answers (5)

  1. David R. Fischer


    Contributor Level 10


    Lawyers agree

    Answered . There are no easy answers to this. You should hire counsel innediately.

    Disclaimer: The answer provided herein is for general information only. Nothing herein should be considered legal... more
  2. William Berry Palmer

    Contributor Level 13


    Lawyers agree

    Answered . My advice would be hire an attorney and fight this!

  3. Thomas D. Boley

    Contributor Level 14


    Lawyer agrees

    Answered . You need a lawyer ASAP, with experience in Federal Criminal Defense.

  4. Brian J Smith

    Contributor Level 6

    Answered . Cases of this type carry minimum mandatory sentences in the federal system, and it is more likely that the State did not prosecute because the US Attorney wanted the case, rather than the photos not being pornographic by definition.
    What the other lawyers said is correct. Hire the best attorney you can.

  5. Jonathan David Marx

    Contributor Level 14

    Answered . My suggestion is that he retain an experienced criminal defense attorney at once to determine his best course of action, there are too many facts needed to provide an accurate answer on this type forum, best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more

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