To defend an innocent client, I attack the charges at every level possible. The first attack is to investigate the case and try to know more about all of the parties involved than the prosecutor and or law enforcement officer. I want to know and exploit the weaknesses in the state’s case. The first fight is to try and get the case “No-Billed” at the Grand Jury. A “No-Bill” is a dismissal. In the State of Texas every person charged with a felony has a constitutional right for their case to be heard by a grand jury. The grand jury’s job is to determine if there is probable cause, or a reason to believe the crime occurred.
I have had great success at convincing a Grand Jury to “No-Bill” my client’s case — CASE DISMISSED. In preparation for the grand jury, I often send my client for a polygraph examination by one of the best examiners in Texas. If results of the polygraph are good, meaning it shows the client is not deceptive, then I waive the polygraph like a flag. I also obtain as many factual witness and character witness statements as possible. Also, I look to see if there have been any prior Children’s Protective Services (CPS) investigations, which can often reveal that the child has made false allegations before, or that another suspect exists who often turns out to be the real perpetrator.
I have defended several cases where there have been several other men in the house who had access to the child — perhaps the mother was not married and had a lot of boyfriends. So, I investigate whether there have been any previous allegations made by the child or whether CPS has investigated the family or child previously. I also look at the child’s medical and school records to see if the child has a history of making these types of accusations and what happened during any previous investigations or accusations.
I also investigate to determine if there is any reason why the child might be making a false accusation. I also investigate and bolster my client’s character by talking to people who know him and who have seen him interact with other children to show and prove that he or she is not the type of person who would commit a crime against a child. Often, I find something that helps prove that my client did not commit the crime or I am able to demonstrate that the child made a false accusation.
It is important to me to do everything I can to defend my clients against these types of sex crimes, because the potential penalties are very harsh. Aggravated sexual assault of a child is a first degree felony, carrying a sentence of 5 years to LIFE in prison; while indecency with a child by contact is a second degree felony, carrying a sentence between 2 to 20 years in prison; and indecency with a child by exposure is a third-degree felony carrying a sentence of 2 to 10 years. For possession of child pornography, a person can face a punishment of up to 10 years in prison, whether the case is in state or federal court.
Do Families Recover After This?
If someone is convicted of a sex crime against a child, it is extremely hard for the family to recover. Prison and registration as a sex offender for life cause families to fall to pieces and split. Of course, even if they’re acquitted or the case is dismissed, many families and careers never recover. Often one parent or family member continues to support the child and the accusation and it is not easy for the family to stay together. Being accused of a sex crime is devastating and life changing.
Do People Tend To Talk to Multiple Attorneys for a Sex Crimes Case?
A person accused of a sex crime should interview several attorneys and find one that is the best fit. The most important aspect in deciding on the right attorney is to find one with extensive experience investigating and defending against sex crimes. A lot of clients come into my office who have spoken to multiple attorneys who don’t have experience with these types of cases, including trial experience, which is crucial. Experience is essential and the most important factor.
For more information on Defending the Innocent Man call the Law Office of James Alston for a free initial consultation. Get the information and legal answers you’re seeking by calling (713) 228-1400 today.