Legal Question in Criminal Law in Texas
Indecency W/ Child
I have found out that the girl that accussed me of this was found by CPS that she is Mentally unstable and delusional. The investigation started(not the charges against me this came earlier) when someone reported her Step-father to them for Mental and Physical abuse after the investigation they told the mother that because of her mental state they did not feel the step-Father was guilty of anything and where not going press charges. Is there anyway for me to find what Cps said about my case in reference to this girl and can this help me in my case.
1 Answer from Attorneys
Re: Indecency W/ Child
Do you have a lawyer? If not, you need one immediately.
Where did you hear that CPS made a finding that she was mentally unstable and delusional. That is not a typical finding in a CPS report.
If in fact she is mentally unstable, it could hurt you if alleged that you were aware of her disability as it upgrades the offense. It may or may not make the charge more difficult to prove.
An attorney MIGHT be able to access the findings in the earlier CPS investigation, but it will be an uphill battle in the discovery preparation for trial.
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