Defense of Charge: Indecency With a Child
Case Result: No Bill and Expunction
In Texas, thousands of times every year, defendants are accused of serious sex crimes. Many of these allegations are false. If you have been accused of a sex crime, it is imperative to act quickly to protect your rights and start defending your case. Your freedom, your job, and your reputation in the community may be at stake.
Indecency With a Child by Exposure
If a defendant is charged with Indecency With a Child by exposure, it can be filed as a third-degree felony. This charge can arise when an adult exposes his or her genitals to a child. In Texas, a third-degree felony is punishable by 2-10 years in prison and up to a $10,000 fine.
If a defendant is charged with Indecency With a Child by Contact, it can be charged as a second-degree felony. This charge can arise when an adult engages in physical contact with a child that is sexual by nature. In Texas, a second degree felony is punishable by 2-20 years in prison and up to a $10,000 fine.
This particular case, I believe, was the product of a nasty divorce. My client divorced his wife (the complainant’s mother) and remarried another woman. After the divorce, my client’s daughter was having issues in school and socially.
My client was the “disciplinarian,” while the mother was the ‘cool” parent. When my client’s daughter would visit him, he would encourage her to attend school, complete her homework, and follow the rules.
When the complainant ran away from home to be with her boyfriend, the police were called to find her. She was young and in High School and not thinking clearly. My client dropped everything to help look for his daughter. Eventually, the complainant was found and forced to return home. Upon the complainant’s being picked up by police, she alleged that her father touched her inappropriately.
My client had a good job and everything to lose because of this allegation. Rather than wait for this case to go to trial, I attacked this case at the grand jury level.
Grand Juries in Texas determine whether a case should be indicted – they are gatekeepers that determine whether “probable cause” exists that a specific crime was committed. Probable cause is a higher standard than reasonable suspicion. It is defined as “where the facts and circumstances within your knowledge, and of which you have reasonably trustworthy information, are sufficient unto themselves to warrant a person of reasonable caution to believe that an offense has been committed.”
My team drafted a grand jury packet that brought to light all of the credibility issues the complainant had in this case. It is essential to have an experienced criminal defense attorney fight for you throughout the entire case. The allegation allegedly took place after a night out at a wedding. Upon returning home after the wedding, my client was accused of indecency by touching the complainant in a sexual manner.
No Bill and Expunction
Thankfully, the grand jury returned a No Bill. After the grand jury returned the No Bill, my client hired me to file an expunction to clear his record. An expunction is an instrument used to destroy records and stop allegations from following my client throughout life later the case was cleared from my client’s record.