Legal Question in Criminal Law in Texas
My brother is a registered sex offender because of a previous offense of sexual assualt and did 10yrs in prison. At the time his girlfriend was 15 and he was 20. So the state pressed charges. My brother is accused of indecency-fondling of a child. I have proof of an alibi and I've left messaged with the court appointed attorney's office. She has yet to return my call and his first court date is 8/13/2010. My brother did not do this where do I start to get him the help he needs. I am not a person who takes up for sexual offenders because I was molested before. Also can they add his prior case on his current indictment?
1 Answer from Attorneys
Make sure you leave a message with the court appointed attorney which states that you have proof of an alibi for your brother. If your brother is not happy with the court appointed attorney you can retain a criminal defense attorney for him. Sometimes court appointed attorneys are just as good as retained counsel. In fact in order to receive court appointments for the level of offense your brother is charged with, the court appointed attorney will have to have a certain level of experience. There is no such requirement for retained counsel.
Not much happens at the initial appearance unless your brother wants to plead out. If he has already been sentenced on the prior case, they cannot charge him with the same crime again..
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