Sex Crimes, Sex Offenders Assault vs Sex Assault

[asd0987]

I was notified a friend supposedly went to the police accusing me of touching her breast. Out of an abundance of caution I reached out to an attorney who advised "You need to come see me immediately as that is a felony sexual assault equal to rape". He also advised his retainer fee is $2500, once contacted by PD, $7500 is due and the total will run $20K+. I questioned how copping a feel is rape and he replied "In Texas whether you throw her down and rape her, slap her butt, or your hand touches her breast, it is the same charge per penal code chapter 21."

I reached out to 2 of my best friends who are police officers in TX and both said the attorney was full of crap and it would be considered simple assault unwanted touching under 22.01 sub 3 of Texas penal code. I also have a friend who is an assistant DA in a neighboring county and he advised the exact same thing. Matter of fact, he said w/o a witness he wouldn't file charges b/c he couldn't win the case.

I reached back out to the attorney I consulted and told him what the others advised and he told me to come see him for a free consultation. Upon arriving he said he did some research and they had a point that it could be filed as a class C misdemeanor simple assault but, he still believed it would be considered felony sexual assualt.

It has now been 22 days since she supposedly went to the police. The cops I know both told me nothing will come of it b/c the detective would've reached out by now. The DA said most likely they would've, especially if it were being looked at as a felony. He said if a class c misdemeanor they mail a ticket and honestly it could take 8-12 weeks depending on backlog

The attorney is saying the longer it goes means they are sending the accuser for polygraph, psych testing, doing background research and it means they are going with felony charges.

Who do I believe? The DA told me the attorney is doing nothing but trying to get me to pay him....

 

[army judge]

No one can say what the prosecutor is doing.
Some prosecutors seek to charge by indictment.
Some go complaint and warrant.
Misdemeanor or felony, if you're charged with any type of sexual battery or abuse, it'll ruin your life.
If convicted,the pain begins.
You could be required to register and live as a sexual offender until the day you DIE!!!!

You might want to see three or four OTHER attorneys.
Normally the initial consultation s offered FREE of charge.
The worst thing you can do is consult the police, even if they're your pals.
The best thing you can do is shut your tapper, except to speak with a criminal defense attorney.

The greatest thing you can do going forward is never put yourself in a position to be accused again!!!!

I'm a retired Texas attorney and judge.
The lawyer may be a bit dramatic, but there are counties in this state that pursue aggressively the very allegations that you might face.
Allin all, three weeks investigating these types of charges snt that long, especially if the grand jury is being used to seek an indictment.

Finally, how old are you?
How old is the ALLEGED victim?

 

[mdarifsadik]

I'm from Bangladesh.
They got wise to my bucket of disgusting spam.
I've been banned.
Don't spam this site.
They will ban you.

 

[asd0987]

No one can say what the prosecutor is doing.
Some prosecutors seek to charge by indictment.
Some go complaint and warrant.
Misdemeanor or felony, if you're charged with any type of sexual battery or abuse, it'll ruin your life.
If convicted,the pain begins.
You could be required to register and live as a sexual offender until the day you DIE!!!!

You might want to see three or four OTHER attorneys.
Normally the initial consultation s offered FREE of charge.
The worst thing you can do is consult the police, even if they're your pals.
The best thing you can do is shut your tapper, except to speak with a criminal defense attorney.

The greatest thing you can do going forward is never put yourself in a position to be accused again!!!!

I'm a retired Texas attorney and judge.
The lawyer may be a bit dramatic, but there are counties in this state that pursue aggressively the very allegations that you might face.
Allin all, three weeks investigating these types of charges snt that long, especially if the grand jury is being used to seek an indictment.

Finally, how old are you?
How old is the ALLEGED victim?

Thanks! Both of us are 40.

The 2 officers I spoke to are close family, 1 retired from the dept supposedly contacted. My asst DA friend does civil, primarily business law, on the side and reviews contracts for a business I own. Other than that I haven't discussed/mentioned...

 

[army judge]

Thanks! Both of us are 40.

The 2 officers I spoke to are close family, 1 retired from the dept supposedly contacted. My asst DA friend does civil, primarily business law, on the side and reviews contracts for a business I own. Other than that I haven't discussed/mentioned...

It may already have been tossed into the unfounded bin.
I'd sit on it, but you know where to look to keep your eye on things.
I'd never have any more contact with the person allegedly accusing you.
Other than that, you'll have to wait.

Whatever you do, if you're approached by law enforcement, simply say, "I want my attorney present." Then, clam up. You know the drill, don't fall for it. Make no comments,give no statements, offer no explanations without your attorney present.

Even if your attorney were present, he or she wouldn't allow you to comment.

 

[asd0987]

It may already have been tossed into the unfounded bin.
I'd sit on it, but you know where to look to keep your eye on things.
I'd never have any more contact with the person allegedly accusing you.
Other than that, you'll have to wait.

Whatever you do, if you're approached by law enforcement, simply say, "I want my attorney present." Then, clam up. You know the drill, don't fall for it. Make no comments,give no statements, offer no explanations without your attorney present.

Even if your attorney were present, he or she wouldn't allow you to comment.

Thank you Army Judge! I have had no contact with them! I work with them and they complained to HR 4+ weeks ago. HR Q'd me and I refused to talk. They came back next day saying it was unfounded and advised no contact with them, period end of discussion.

I do not know 100% she complained to PD. My boss advised they were told PD was in her office 1 week after HR told her that her claim was unfounded. We are a retail company and have many PD clients.

I am letting it go any trying to move on b/c all it does is make me crazy!