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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience:  Attorney
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hello, i have a male friend age 21 that has a girlfriend at

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hello, i have a male friend age 21 that has a girlfriend at the age of 15. they had sexual intercourse and the female got pregnant. the female parent didn't report this, so when the female was trying to get rid of the baby, the medical staff suspected and reported to the police. now the police has given the information to the "grand jury?" and he has to wait for a few weeks of time, I want to ask what are the possible consequences for my friend? does he have to go to prison even if the female parent doesn't report or go after him, they are in status of free love and isn't forced. Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

hello~

Brandon M. :

Hello, thank you for your question.

Brandon M. :

The function of a grand jury is to decide if there is sufficient evidence to take a criminal prosecution to trial.

Brandon M. :

It does not equal a conviction--it just determines if the evidence exists.

Customer:

what do they use for evidence for the grand jury?

Brandon M. :

Whatever the prosecution presents. The prosecution has to provide enough evidence to show that a conviction is possible. The prosecution doesn't have to prove guilt until it goes to trial. At trial, the defendant may answer present evidence and rebut the charges; the defendant also must be proven guilty beyond a reasonable doubt.

Customer:

the female states that she is not going after the male's conviction, so how much a percentage does the male have on this conviction.

Brandon M. :

I am not sure that I understand what you mean when you ask "how much a percentage does the male have on this conviction." Could you please rephrase? I do apologize.

Customer:

what if they are in free love? nothing is forced, they are happy together with the male and the family.The female does not blame the male for his actions taken. Will the court take that as a defendant reason, to rebut the charge on court?

Customer:

if it really goes to court. is this a good reason and evidence for the court to take?

Brandon M. :

It's not illegal to be in love and it's not illegal to happy together, but it is illegal for an adult to have sexual contact with child younger than the age of 17 in Texas if there is more than 3 years difference in their age. Consent is not a defense because the minor child is not considered to be old enough to be capable of making an informed decision. The sentence will typically be lighter than if the sexual contact was forced, but it is not a defense.

Brandon M. :

Does your friend have an attorney?

Customer:

he does not have an attorney. I want to know how long does he have to serve prison? and if he only has a visa, a passport from another country, would he be sent back to his original country and cannot step foot in Texas again? and last of all, it's his first conviction, is there any way that the lawyer can help him reduce his time in prison to a shorter time period?

Customer:

can the male say that he met the female online and doesn't know the age of the women during their relationship? can that affect the sentence?

Brandon M. :

Let's try to address the questions one at a time so they don't get confused. Sex with a 15 year old in Texas carries a prison sentence of 2 to 20 years. Your friend cannot afford to not have an attorney. An attorney can ensure that his rights are protected, including his right to a presumption of innocence. He needs to meet with a criminal defense attorney as soon as possible.

Customer:

brandon, will he be forced back to his original country because he has a visa here, and foreign passport?

Customer:

after he serves prison here, he will still be forced back to his country?

Brandon M. :

A felony conviction, such as statutory rape, can result in deportation.

Customer:

is having sex with a 15 year old considered a felony conviction?

Brandon M. :

An adult having sex with a 15 year old is a felony in Texas if the age difference is greater than three years.

Customer:

in the beginning he don't know she is 15 years old, until she went to the doctor to get rid of the baby, he found out that she was 15years old. can this be a argument for defense?

Brandon M. :

Mistake of the child's age is not a defense in Texas either. Again, it can potentially mitigate the sentence, but it is not a defense to the conviction.

Brandon M. :

Did you have any other question?

Customer:

last question: what are some things that can help the man, for example, to help him get away from deportation, doesn't have to go back to the original country and also, any other things that can help him reduce the sentence?

Brandon M. :

The man needs to retain an attorney. This is not a problem that was created in an instant, and it can't be solved in an instant. He needs a strategy and representation from a licensed attorney who can speak for him and ensure that his rights are protected. He needs to do this as soon as possible. That is his best bet to avoid deportation and reduce or avoid being convicted.

Customer:

thank you brandon for all the support~i will leave positive rating

Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience: Attorney
Brandon M. and 7 other Criminal Law Specialists are ready to help you
Expert:  Brandon M. replied 1 year ago.
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