Legal Question in Criminal Law in Texas

Having a Sexaual Assualt with a Minor Charge Reduced

My brother-in-law who was in his early twenties was having a affair with a girl who was 15 to 16 years old. The girl wrote a note to a friend at school telling about him coming into her bedroom window and went into great detail of the night. The note got picked up by the teacher and the police brought in. The girls parents went down and pressed the charges. He got a court appointed lawyer that talked him into a plea bargin that carried a lesser sentence of 10 years probation, but still a sexual assault that reguires registry, counceling and lie dector. He has been on probation now for over 3 years and has followed the probation orders good until the last few months. Now he is under revolk and in jail. My question is now that he is back in jail is there a way to have the charges reviewed and perhaps lessened? Will the judge he appears before have the power to do this? Or do we have to file an appeal on grounds of poor legal advise? Lastly is this even an option?


Asked on 3/16/01, 1:49 pm

2 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Having a Sexaual Assualt with a Minor Charge Reduced

Your bro-in-law. will be having an hearing soon,

hire an Attorney quick to be there for him.e-mail

me I can help.

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Answered on 5/28/01, 1:03 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Having a Sexaual Assualt with a Minor Charge Reduced

Unless there are serious Constitutional errors in the proceedings in which your brother was convicted, it is far too late to do anything, assuming there was anything else which could have been done in the first place.

The case needs review by a competent criminal defense attorney.

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Answered on 5/25/01, 9:45 am


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