Legal Question in Criminal Law in Texas

Indecency with a Child

My son is 18 years old and has been charged with 2 felonies - Indecency with a Child and Pornagraphy. He was a senior in high school last year when he briefly went out with a freshman from his drama class. There is an allegation that he touched her breast on a video recording they made on a school vidoe camera. It is unbelievable to me that we live in a state that would destroy a young boys life for this offense. I understand that, if this did occur, that it was wrong and he should be punished but I feel this is a little extreme. In fact, I have done some research and it appears that this would not even be an offense in some states and only a misdemeanor in others. We live in a very small county and several attorneys I have talked to refuse to work in our county because they state that the courts do what they want without regard to the law. His attorney has suggested that he consider a deferred adjudication but I am concerned that this will still leave a felony on his record and affect his job opportunities in the future. My son has never been in trouble for anything, is an honor student, and is willing to take a polygraph that he has never even had full out sexual relations. Please help!


Asked on 11/07/05, 8:28 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Indecency with a Child

You are right to seek legal representation for your son. Your current attorney has made a reasonable suggestion of deferred adjudication, since the charge will be eventually be dismissed if he successfully completes the probation. If your son (as an adult, and as the accused) he will make the final decision, chooses to reject the plea offer, and your current attorney does not wish to continue to trial, you should find an out of town attorney. I am over 250 miles away -- you may want to consult the bar association referral services of Houston and Corpus Christi. IF the facts are as simple as you describe, and IF the girl is not offended, but cooperative, you may want to get the media involved, inasmuch as it sounds like someone has seriously overreacted. TCL

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Answered on 11/08/05, 6:42 am
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Indecency with a Child

If all your son did was touch her breast that should only be a Class A misdemeanor and not indecency.

You need an attorney that is going to fight for your son.

Seek a second opinion immediately.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

TylerJustice.com

9035939100

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Answered on 11/21/05, 3:30 am


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