There is no way to prevent charges from being filed.
However, if your brother cannot afford a criminal defense attorney, the government will provide a free attorney to him.
The local (county) bar association should be able to direct him to where and how to obtain a free attorney.
Sometimes, an attorney is assigned at arraignment. That's when your brother would make his first court appearance and the charges against him are read in court.
It'd be better for him to get hooked into the free public defense system sooner.
Another place to ask is the prosecutor's office. You can call on Monday and just ask for the name and phone number of the agency that provides free legal defense attorneys in your brother's county.
If your brother would be a first time offender, and if the touching was just touching, not rape, it's likely the penalty won't be jail time.
But please assure your brother that every criminal defendant has the right to a free defense attorney.
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
Jane Doe Deer