Legal Question in Criminal Law in Texas

My daughter was indicted for child abuse about two years ago. The childs stepmother spanked the child and when my daughter confronted her, she took the child to the hospital and had both of the children tell the doctor that my daughter hit him with a bat. The father knows this was a lie, but will not tell the authorities. The children have gone to a counselor after this happened and the counselor knew that the children were not telling the truth. CPS was called, investigated and said that they could not find any proof that my daughter did this. Since the happened the children's father is no longer with the step-mother. Now her lawyer is telling her that they have offered to let her plead no contest and it will be lowered to a misdameaner. They are saying that it will not be on her record and she will have probation. I do not understand . Her lawyer has told her that there is a risk if she goes to court. This case has been sitting there for a long time and I do not understand why someone should plead no contest to something that they did not do. I have the children on tape telling me that my daughter did not do this and that the step mother did. My daughter is trying to decide what to do because she has another baby to take care of and the lawyer is talking about risk. She will also get probation. Can someone explain why this would happen?


Asked on 7/15/10, 4:21 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

First of all, your daughter needs to know that in the criminal court, a plea of no contest is exactly the same as a guilty plea. Second, if she is found guilty, there WILL be a record and it cannot be expunged. Ever (unless she is pardoned).

If, however, she is given deferred adjudication and completes it successfully, then she can later have a "non-disclosure" which will have almost the same benefits as an expunction. If the charge was for Injury to a Child, however, non-disclosure is not permitted.

There is always a risk if you have a trial. She and her lawyer need to discuss the evidence and what is likely to happen, but there is no way to forecast what a judge of jury would do.

Remember, the jury will hear both sides and get decide which is more credible. She should pay attention to her lawyer; remember that you want to see it her way, but the jury will not go into it with that point of view.

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Answered on 7/16/10, 1:48 pm


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