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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12459
Experience:  Attorney experienced in all aspects of family law
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Grandson is having much drama from mother of his three year

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Grandson is having much drama from mother of his three year old son. She discovered he slept with a cousin four years ago. She is furious and threatens to charge him with statutory rape as her cousin was thirteen and he was nineteen at the time. The cousin was known for promiscuity in the area since about twelve. She only recently came forward, claiming she had boxers with DNA on them. She said she wore them herself, that they were favorite around the house clothes.
This is another tool she uses to get back at grandson, even though the guy she left him for is now her husband and they are expecting a child soon.

Brandon M. :

Hello there.

Customer: Hello to you!
Brandon M. :

What a warm greeting. Thank you so much, and thank you for your question.

Brandon M. :

I believe that I understand the situation, but I hope to avoid making the wrong assumption. How can I help?

Customer: You don't know how rough this whole game of hers is getting. Grandson is having brain surgeries, three so far, to relieve seizure disorder. This woman is coming up with this stuff to physically hurt him!, it brings on grand mal seizures!
Brandon M. :

That's terrible. How old is your grandson now?

Customer: 23. He is both mom and dad to the little guy teaching him to count brush teeth etc. while mom is off getting more tattoos!
Brandon M. :

To your knowledge, when was the last time your grandson had sexual contact with his cousin?

Customer: I don't want to appear to be mom bashing. If she truly wanted the child it would be different. She only wants to get back at hi because little one is reluctant to return to her house.
Customer: Well, it is HER cousin--four years ago , once.
Brandon M. :

Thank you for that clarification. Has either the mother or the cousin reported this to law enforcement yet?

Customer: Sort of. Several months back they talked to police . My daughter went with grandson and gave reort. Police said if polygraph was ordered, o
Customer: Both partes would be tested.as grandson is in treatment , they did not pursue t ford now.
Brandon M. :

Thank you for that information. Obviously, there are a lot of issues here. What is the main question that I can answer for you?

Customer: Sorry to overwhelm you! I DO get frazzled with the whole situation,
Brandon M. :

There is no need to apologize. It can be overwhelming.

Customer: Hmmm, I guess, for now, does this oor youn man have to worry about ths, on top of everything else.
Brandon M. :

When a 19 year old has sexual contact with a 13 year old, it is a felony in Texas. If the parties had sex, it can be prosecuted as rape. The 19 year old would face time in prison and having to register as a sex offender for the rest of his life. It can be prosecuted up to 20 years after the child turns 18 years of age. There are certain crimes that are a priority for law enforcement, and statutory rape is a priority, so it will not be simply swept under the rug if they believe that the crime has been committed. The charge is extremely serious and the time to prosecute is extremely long, so "yes", there should be reason for concern.

That said, these cases can oftentimes be difficult or impossible to prosecute due to a lack of evidence unless the suspect "cooperates" with law enforcement. For example, the suspect will give their statement to police, who will interview the suspect time and again to look for contradictory statements, or a confession. With the victim's statements and the "help" of the suspect, the prosecution can oftentimes secure a conviction even without other witnesses or DNA evidence.

Brandon M. :

That doesn't mean that your grandson is necessarily in danger right now. The first thing that any crime suspect needs to do is to stop talking about the alleged event. It should only be discussed with his attorney.

Brandon M. :

I would strongly recommend that he watch this video: http://www.youtube.com/watch?v=i8z7NC5sgik

Brandon M. :

The video explains the importance of discontinuing any future contact with law enforcement.

Brandon M. :

Attorneys can be expensive, but if he is being accused of statutory rape, your grandson cannot afford to go without an attorney. I strongly recommend that he contacts a criminal defense attorney. Hopefully, he will never need to use the attorney, but if he clearly needs advice on how to deal with these allegations and he needs someone who is familiar with his case and who can intervene on short-notice if he is contacted again by law enforcement.

Brandon M. :

The saying is that "an ounce of prevention is worth a pound of cure." Your grandson is at a critical juncture, and the decisions he makes right now can have a profound impact on his future. I give these recommendations with the hope that he avoids an outcome that is unfair in light of the circumstances.

Brandon M. :

Does that make sense?

Customer: Yes! I will certainly get your suggestions to hm. Whilei am so scared for him, and the baby, I feel better now that you've given us a plan thank you, XXXXX XXXXX
Brandon M. :

Certainly. I hope that this information was helpful.

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