What happens if a child accuses an innocent person of sexual assault?: I was assaulted at age eight, and an innocent individual was convicted. I was physically abused into believing that person was guilty. I'd like to clear their record and bring the truth to the light. I did not testify in court, as the accused accepted a plea bargain, thus preventing a trial. Am I looking at being charged for this case?
Russell’s answer:
I don't know how old you are now, but if you are an adult now you cannot be prosecuted for what happened when you were only eight years old.
Of course, the prosecuting attorney could either believe you now, or could decide that you are lying now. If they think you're lying they could try to charge you with perjury.
Our law in Texas provides avenues for wrongfully convicted persons to have their convictions overturned based on recantations like yours. But the process is very difficult and prosecutors in different jurisdictions will react differently to such recantations.
You probably don't need an attorney of your own at this point, but that to some extent depends on who the prosecutor is. You might reach out to the person's defense attorney, or failing that to an attorney in the local jurisdiction where he was prosecuted in order to get some on-the-ground advice about whether the local prosecutor can be trusted to handle you fairly.
While my boyfriend be spending time in jail or will he be able to bond out within a couple of days.?: My boyfriend had gotten arrested back in April getting 2 charges one being pom class b and drug paraphernalia class a in belton Texas county. I got a call today saying that he was arrested again in wilco county , he now has another drug charge. I was wanting to understand how much time he will face , or if they will allow a bond to immediately happen.
Russell’s answer:
I may have to disagree with my colleagues because of local practice factors. Bell county has an active PR bond office but Wilco does not. So my guess is that he's on a PR bond in Bell county, and that he will not get a PR bond in Wilco.
If you can bond him out with a bail bondsman in Wilco you should do that. Bell county may not revoke his PR bond, and it's always better to fight a charge from out of jail than it is while sitting in jail. Especially when there are charges in multiple counties.
Even if Bell county does revoke his PR bond, it he gets out of jail he can save up some money to hire a lawyer and/or post a surety bond if he has to.
How much time is my husband looking at if he got caught with two illegals ?: My husband got stop with two illegals he is in a detention jail right now this is his first federal case how much time is he looking into or is it possible for him to be granted a bond
Russell’s answer:
I am assuming that your husband is a U.S. citizen and is in a federal holding facility until he appears before the U.S. Magistrate in Houston or Corpus Christi.
The base offense level for immigrant smuggling for a person with no criminal history calls for a sentence of 6-12 months if a guilty plea is entered. That sentence will be enhanced if the person has criminal history, if any one was injured, or if your husband has been involved in alien smuggling in the past.
The government must prove that he knew he was alien smuggling to convict him.
He is probably eligible for a bond-the US Magistrate will have a hearing and decide.