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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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My nephew, Jesse, who was released from Brownwood state school

Resolved Question:

My nephew, Jesse, who was released from Brownwood state school for boys in 2004 at the age of 21. He was convicted of indeceny with a child.
In March of 2009, he engaged in sexual intercourse with a 13yr. old girl, Jesse being 25 at the time. The charges against him are Felony `1st degree aggrevated sexual assault of a child. What are his chances of having this charge reduced in the state of Texas?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

What is the evidence that will be used against him?
Customer: replied 4 years ago.
The testimony of the now 14 yr. old girl as well as Jesse' confession
Expert:  JB Umphrey replied 4 years ago.
Will the 14-year-old testify?
Customer: replied 4 years ago.
I do not know, we have assumed she has been video taped.
Expert:  JB Umphrey replied 4 years ago.
Honestly, from the facts that you've described, there is no reason for the prosecutor to offer a charge reduction.

A prosecutor may offer a charge reduction if a person does not have a criminal history. That does not apply here.

A prosecutor may offer a charge reduction if the the evidence is weak and the likelihood of conviction is at risk. That does not apply here because your nephew confessed. Now, the question is whether or not the confession was legal and admissible. Another question is whether or not the alleged victim is willing to testify.

So, unless your nephew's confession is determined to be inadmissible and/or the victim is not willing to testify, the likelihood of charge reduction is not likely.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 4 years ago.

Under what circumstances can a confession be considered inadmissible? Jesse was asked to give a lie detector test which he did, but during the test he broke down started crying and the test was stopped at which time Jesse was asked what was wrong and that's when he told the officers what had occured between himself and the girl.

Expert:  JB Umphrey replied 4 years ago.
A confession would be inadmissible if it was coerced. The facts that you describe do not suggest coercion.

Customer: replied 4 years ago.
The incident according to Jesse occured around 2am when this girl walked into the house went to Jesse' bed, where he was asleep at the time and began performing oral sex on him. He alledgedly woke up at that point and told the girl to stop, she didnt and it proceeded to vaginal sex. Does that make a difference in his case?
Expert:  JB Umphrey replied 4 years ago.
No, it does not. She was not of the age to consent.
Customer: replied 4 years ago.

Would it help to bring up some of the facts pertaining to his original conviction? Jesse was 14 and his sister was 11 at the time.

Jesse' sister reported to a school employee that he had "goosed" her above her clothing. When Jesse was brought into the police station for questioning on this incident. His grandmother was asked to leave to get his medicine from home and while she was gone the officer got Jesse to give his "confession" which was written by the officer and signed by Jesse. There were no legal representatives for Jesse present at the time the "confession" was procurred. The caseworker at the time told his grandmother to go a head and let the confession and the charges stand as Jesse would get the help for his mental problems that his grandmother could not afford to get for him. Would it help to bring this up for this current charge?

Expert:  JB Umphrey replied 4 years ago.
Sorry but it wouldn't. It would have absolutely no bearing or relevance on the current charge.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
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