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

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

Posted

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 advice or should be understood to create an attorney-client relationship. One should direct specific questions regarding one’s particular situation to an attorney who is knowledgeable in the applicable Nevada law. Opinions reflected herein are solely the opinions of the author, and no other person, entity or organization is responsible for this website’s content.

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3 comments

Asker

Posted

We have counsel who has never send not asked to see the evidence. He says the best thing to do is take plea but how and why would a lawyer say that not having seen any evidence???

Asker

Posted

The four photos in question are of a child who has been interviewed and says he was not coerced, , not forced and that he was never touched. This child speaks the truth and the detectives continue to call him a victim. Isn't it normal for a lawyer to demand or at the very least file a motion requesting to see evidence??? The DA says sorry we can't show u the evidence cause that would be disseminating pornography... How in the hell can someone prepare a defense if they don't know what the total evidence is?????

David R. Fischer

David R. Fischer

Posted

You should get another lawyer's opinion. Also, and more importantly, stop discussing case details on this public forum.

Posted

My advice would be hire an attorney and fight this!

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Posted

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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

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Posted

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

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Posted

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.

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