falsely accused of indecency with a child in texas
All states in the United States have laws against failing to register, so you cannot avoid the registration requirement by moving to another state. Anthony Nicholas Mattei, 59, was booked into the Collin County Jail on Wednesday and charged with two counts of indecency with a child, according to online booking records. We will advise you on how best to proceed so that you do not put yourself at further risk or do anything to jeopardize your case. Something happened to the child, you just were not the one who did it. The State argued that the terms provided in the jury instruction had taken on a particular legal meaning because an appellate court had defined them.
The typical reaction is to know that youre innocent. Once someone is sent to prison, strict parole laws apply to this charge. If you are wrong, or if there are false allegations of force made later, the statements you make will likely damage or destroy your defense. He hired an attorney, but cannot remember the name as it Touching of the anus means actual touching of the posterior opening of the alimentary canal and does not include buttocks. Unfortunately, children are often coerced into lying, especially when parents are fighting over custody. "Failure to Register" could result in either state or federal criminal charges being filed. WebIndecency with a child is a criminal offense in Texas, and the associated penalties depend largely on the circumstances of the case. Both offenses involve children under 17 and can have devastating consequences on your personal and professional life and your reputation. Another affirmative defense that might apply to your situation is if you were married to the accuser when the offense took place. There have been no appellate cases in Texas that focus on the meaning of "gratify," either. If charges are filed against the alleged offender, he or she is likely to suffer a significant and long-lasting loss of If you choose to submit yourself to an investigation without, The investigator asks, Have you ever given your child lotion for a diaper rash?, They now twist your words, and ask in an intimidating tone, So you touched your childs genitals?, Of course, you did, but for hygiene purposes. Although the act of indecency with a child is heinous, you shouldnt be punished if you have not done it. The best way to do it is by seeking sex crimes attorney legal services right away. The lawyer defending your Indecency with a Child charge needs to have a well-established network of local experts and investigators. 21.11(b). This terms was once used in Texas law, but the law changed to be more specific. by threatening or placing the victim in fear, with a victim that is incapable of appraising the nature of the conduct, and, with a victim that is incapable of declining participation or communicating unwillingness to participate. Generally, in any felony case the period of community supervision (probation) may not by more than 10 years. It is common in divorces for children to lie about one parent, so they can live with the other. 2023 Luster Law Firm, PLLC. Even though youre 100% innocent and a responsible parent, legal questioning proves otherwise. Crim. By Exposure - Third Degree Felony - 2 years to 10 years in prison; up to a $10,000 fine. In Texas, "parole" means an inmate is released from prison before their entire sentence is served, and the released inmate has a lot of rules to follow and is supervised or monitored by a parole officer. An Allen ISD teacher was arrested Wednesday morning after being indicted on child-indecency charges, according to the school district and public records. Learn about careers at Cox Media Group. Expect a long and daunting battle ahead if someone files a false charge of indecency with a child on you. 2 years to 20 years prison if you have gone to prison for 1 felony; 25 years to 99 years or Life if you have gone to prison two separate times for 2 felonies. Crim. He hired - Answered by a verified Criminal Lawyer My husband was falsely accused of a charge of Indecency with a Child on October 16, 1992 in Benbrook, Texas. When looking for an attorney to defend me, I came across The Wilder Law Firm. WebAccording to Texas law, Indecency with a Child by Exposure is when one of the following occurs when a person exposes the anus or any part of the genitals, knowing the child is present or causes the child to expose the childs anus or any part of the childs genitals with the intention to sexually arouse or gratify any persons sexual desires. LUBBOCK, Texas Johnny Gafford, 34, was arrested Wednesday and charged for indecency with a child. Full details about the allegations against Anthony Mattei have not been disclosed. Inability to get certain professional licenses or loss of professional license. This means someone could be on probation for up to 20 years. These bond conditions could kick you out of your house or keep you away from your children. Are you currently wondering what should you do if falsely accused of child molestation in Texas? Probation for 2-10 years. You should know, some prosecutors are willing to seek a conviction for indecency with a child with NO PHYSICAL EVIDENCE. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Then they try to get the hearsay statements into evidence through this person. An inexperienced, or sloppy attorney, may cause you to waive Statute of Limitations defense, and you may have a conviction based upon "consenting" to being tried outside the statute of limitations for an older charge of Indecency with a Child. This outcome is the least common, because only about two-percent of criminal cases go to a jury trial. Jail records listed an address for Mingo in West Monroe, Louisiana. For Indecency with a Child, it is an affirmative defense to prosecution if the person engaging in sexual conduct: (1) is not more than three years older than the minor and the opposite sex of the minor; (2) did not use force or a threat against the minor; and (3) at the time of the sexual conduct was not required to register for life as a Sex Offender under Chapter 62 of the Texas Code of Criminal Procedure (Sex Offender Registration Program) and did not have a reportable conviction or adjudication for an offense under Chapter 62. If you were charged with the felony offense of idecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. Understanding Your Rights During Police Encounters in Texas, Texas Self-Defense Laws: Stand Your Ground and the Castle, Houston Drivers License Suspension Lawyer. 3g is a list of serious crimes contained in the Texas Code of Criminal Procedure (Article 41.12).
False accusations are made for a variety of reasons. After a few consultations with other firms, I decided to go with Doug. During this time, your lawyer should continue to build your defense and strategically decide which information to share with the prosecutor. Penal Code Ann. In a continued effort to keep the community fully informed regarding the Districts communication yesterday, the District administration is retaining an independent third-party investigator to review the Districts investigation and administrative process associated with the allegations of misconduct against the employee from Curtis Middle School, the letter stated. You can provide an alibi if you were not present at the place when the incident occurred. In Speights, the defendant exposed himself to the victim and then caused the victim to touch his genitals. If a defendant loses at trial, without another technical error by the court, it is unlikely the court will overturn based on a sufficiency argument.
Dont wait, every moment is crucial after an accusation or charge has been made. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless. The person sentenced does not have any other offenses for which the person must register as a sex offender (this doesnt include a juvenile adjudication of delinquent conduct); On the date the indecency occurred the person charged was not more than four (4) years older than the victim; The exposure or sexual contact was consensual between the victim and the person charged. Even if the word "fondling" is used in your court documents, the charge is Indecency by Sexual Contact (Second Degree Felony). The Statute of Limitations for Felonies in Texas can be found in Title 1 of the Texas Code of Criminal Procedure in Chapter 12. If the accusation was related to a custody battle, you may be able to sue for additional time with your children or even full custody if your ex was the accuser. Houston, TX 77008, 2023 SharpCriminalAttorney.com Houston Criminal Defense Lawyer. Look for physical evidence like clothes, photos, and videos. If someone is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct (juvenile case) based on a crime that a person has to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, the the judge must: So, any time someone convicted of Indecency with a Child must use his drivers license or Texas state ID, they are announcing they are a registered sex offender. But do not let your emotions guide your actions. It is also important for an attorney to note, for the hearsay to come into evidence, the alleged victim must testify or be available for the defense to call as a witness. In other instances, one parent is trying to gain primary custody of a child. So, you need to get a criminal defense attorney to begin working on your case immediately. You must have a solid defense plan right away because clearing your name can be more challenging than you imagine. After all, your lawyer will require proof to substantiate your side of the story and clear your name in court. I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Contact a Plano, Texas Criminal Defense Lawyer hiu, v Before prosecuting in Tarrant County he was a prosecutor in Lubbock County, Texas. He appealed on double jeopardy grounds, claiming that he was being punished twice for the same offense and the contact charge should be merged with the sexual assault. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. Because, often the district attorney only has the statement of a child (called a One Witness Rule Case), and no other evidence for proof. If you are looking to fight these accusations and get your life back on track contact our expert team today by dialing 214-982-1408. Fort Worth Criminal Defense Attorney James Luster will handle your Indecency with a Child case with discretion and compassion. WebTexas Rules of Evidence Rule 601 provides that as a general rule every person is competent to be a witness. u tin ca ti l tn min highteastory.vn cho thng hiu ca mnh. Many indecency cases are won before the case is ever "indicted."
Unfortunately for defendants, the only evidence required is the testimony of the victim, so the amount of deference given to the trier-of-fact is almost complete. A mother told police Also, be aware of phone calls and text messages are a ruse to get the accused to make an incriminating statement or an apology that will later be treated like a confession. Do not leave your future up to chance. 2023 Flanary Law Firm, PLLC | All Rights Reserved | Site By: JCE SEO, LLC | Legal. Do , chng Here are some insights on dealing with a false accusation for indecency with a child.
Tex. Once a person is eligible, then the whole board must vote on their release. Also, the judge will include as a rule of probation a "child safety zone." This inference by the jury is afforded more deference than evidence supporting the conduct. The Court of Criminal Appeals, based on the structure of Texas Penal Code 21.11, determined that the Texas Legislature intended that both theories of Indecency with a Child may be pled and punished at the same time, and that both acts could have occurred on their own. Under Article 42.016 of the Texas Code of Criminal Procedure, someone required to register as a sex offender for the offense of Indecency with a Child must be issued a unique drivers license from the Texas Department of Public Safety. Sometimes accusations of sexual assault draw identity into question. Be sure the lawyer representing you understands and can explain the probation laws that relate to your situation. Every allegation of sexual assault is unique. 2023 Cox Media Group. He knows all of the players at the courthouse and police departments. Free In-Depth In this section, sexual contact means the following acts if committed with the intent to arouse or gratify the sexual desire of any person: I will carefully review your situation to determine if it even qualifies as indecency with a minor. Even though resolving a case with a jury verdict is this is the least common, the possibility of a trial is a great motivator for both sides of a criminal cases. These are strict rules that you must follow while you are waiting on your case to be over. Id. Texas Penal Code 21.01. INDECENCY WITH A CHILD EXPOSES - - this is another abbreviation often used for the Third Degree Felony (F3) charge contained in the Texas Penal Code 21.11(a)(2). James Luster is a Tarrant County criminal defense lawyer with an office in downtown Fort Worth, only a few blocks from the criminal courthouse (Tim Curry Criminal Justice Center).