Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My nephew, Jesse, who was released from Brownwood state school

for boys in 2004 at...
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?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
8/2/2009
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
Thank you for using JustAnswer!

What is the evidence that will be used against him?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
The testimony of the now 14 yr. old girl as well as Jesse' confession
Will the 14-year-old testify?
Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
I do not know, we have assumed she has been video taped.
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!
Ask Your Own Criminal Law Question
Customer reply replied 8 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.

A confession would be inadmissible if it was coerced. The facts that you describe do not suggest coercion.

Ask Your Own Criminal Law Question
Customer reply replied 8 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?
No, it does not. She was not of the age to consent.
Ask Your Own Criminal Law Question
Customer reply replied 8 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?

Sorry but it wouldn't. It would have absolutely no bearing or relevance on the current charge.
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
JB Umphrey and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Handling criminal and probation matters for over 14 years.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can a judge make an accurate criminal ruling without a
Can a judge make an accurate criminal ruling without a police report to document facts, and merely rely on the foggy untrue memories-from months earlier_ of a bankrupt punished policeman who now works… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I'm looking for a criminal defense attorney in the Miami FL
I'm looking for a criminal defense attorney in the Miami FL area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question for a criminal attorney. No, I'm not a
I have a question for a criminal attorney. No, I'm not a criminal, but yes a crime may have been committed.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
There is a current criminal no contact order against my
There is a current criminal no contact order against my boyfriend. The other day he came over to the house and we got into an argument and I assaulted him, but since I was scared I called the police a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a Plaintiff in a case, engaged in a criminal act, and
If a Plaintiff in a case, engaged in a criminal act, and that individual was the Plaintiff of a case which the State was representing; what effect would that have on their case standing?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Should a criminal case be stayed or request for later
Should a criminal case be stayed or request for later pretrial hearing for premarked exhibits if there are pending proceedings for two civil cases related to a federal criminal case that may change th… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
Sam is engaged in the criminal activity of growing marijuana
Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a… read more
JB Umphrey
JB Umphrey
Lawyer
20,233 satisfied customers
Is providing false affidavits a criminal action and if so if
is providing false affidavits a criminal action and if so if an arrest or mitmus is issued on that basis, is that also a criminal action.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Custody/ Criminal law question re: Interstate Jurisdiction
Custody/ Criminal law question re: Interstate Jurisdiction Ive raised my daughter as a single parent since birth. Born in GA. Father has DV history . Moved to CA for safety and support in 2012. Child … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x