Legal Question in Criminal Law in Texas

charges changed

My son was arrested end of May 08 and charged on aggrevated sexual assault on a minor (10) year old stepdaughter. He has been in jail for almost 3 months. He just recieved his indictment papers, and it now shows indecency with minor. He has a pre-trial next week. Since they have reduced the charge. Can the judge still dismiss all charges, or stil change it again, or will a trial have to happen. Since he has stated that he did nothing, and the girl got caught doing something she should not have been. He will not accept any plea that has sex offense is included. He has a court appointed attorney, which has spoken to himonce. Help please.


Asked on 9/06/08, 9:05 pm

2 Answers from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: charges changed

Hello there,

Since your son was indicted on a lesser included offense of indecency with a child the state will proceed with that case. You cannot move for it to be dismissed simply because it is not the original charge he was arrested for.

You need to hire an attorney to go out and do an investigation regarding this child. There is the possibility the child made this up and has made similar accusations in the past.

Sincerely,

Erick Platen

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 9/07/08, 3:56 pm
Stephen Gustitis Criminal Defense Lawyer

Re: charges changed

The prosecutor can reduce the charges based on the charge they believe they can prove. The reduction from aggravated sexual assault to indecency is a positive move for your son. But please realize the judge does not have the authority to dismiss any prosecution, only the State's attorney can reduce or dismiss charges. If your son is asserting his innocence, then a trial is highly probable. This, of course, is dependent upon the facts of the case. If you are not satisfied with the representation his current lawyer, you can hire a lawyer of your choice, which I recommend you do immediately.

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Answered on 9/07/08, 8:51 am


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