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I have a criminal...

I have a criminal law question. Is that something you can help with or no?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

Yes, 6/20/18

Lawyer's Assistant: In what state did this occur?

TX

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm gathering information on behalf of my uncle who was falsely accused of an agrivated assault. Court has been reset 4 times now after the plaintiff (the person making the alligations) has no showed.

Submitted: 2 months ago.Category: Criminal Law
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Answered in 3 minutes by:
5/31/2018
Criminal Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your uncle's situation.

Is there a particular legal question in regards ***** ***** that I can help with?

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Customer reply replied 2 months ago
Basically, I am interested in knowing what the state's case must be to prove aggravated sexual assault. (adult, not minor) My concern is, that with 4 different resets, and the prosecution even admitting that their client has no-showed 2 times for the DA, what they are hoping to prove. He is out on bond, but the bond was incredibly low-it seems as if no one is really serious about the idea that he did it--yet--this is looming over his head. He is being represented by a court appointed, and with respect to those lawyers, in Montgomery county, it is a mixed bag. Any insight would be appreciated. I am attaching a copy of the court docket document, just so you can refernece. Thanks for your help!
Customer reply replied 2 months ago
Here is the info
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
no problem. thanks for your help!
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

Sexual assault occurs when a person intentionally, or knowingly causes harm to another person or threatens harm to another person through a sexual attack without that person’s consent.

In order to prove aggravated sexual assault, the prosecutor also has to prove that there was vaginal, anal or oral penetration, and one of the following aggravating factors:

  • Causing bodily harm or killing the victim
  • Causing the victim to fear for their life, threatening to kill them or placing them in distress
  • Using drugs to help make the victim unable to resist
  • Having another perpetrator assisting with the commission of the crime
  • If the victim is a minor.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
Thanks alot Nisha. That information was very helpful. None of those things happened, so I'd imagine that explains why she keeps no showing for the DA.
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

If the victim continues to not show or cooperate, and if there is no other physical evidence against your uncle, then the prosecutor will end up having to dismiss the charge.

I hope that helps!

Don't forget to rate before leaving, thank you!

Ask Your Own Criminal Law Question
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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).

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