QUESTION
My son's phone was taken by the School Reource Officer, and forwarded to the district attorney because there were 2 pics of a naked girl on it.
Asked on Feb 09th, 2016 on Criminal Law - Tennessee
More details to this question:
He didn't take the girls phone who willingly took a nude picture of herself, nor did he take the girls boyfriends phone from where my son obtained the picture. If my son is prosecuted, don't they have to prosecute all involved? The SRO who confiscated my sons phone does not like me ( he & I have had words), so I feel this is retaliation against my son. Thank you.
1 ANSWER
Was the SRO and DA advised that your son obtained the pictures from the boyfriend's telephone? Once they are put on notice that the pictures were obtained from the boyfriends phone, it is up to the DA to decide who they chose to prosecute. However, if they chose to only prosecute your son and not the boyfriends, this raises an issue of credibility with the DA. Having said that, you son is still responsible for his actions.
Answered on Feb 09th, 2016 at 10:28 AM