How could a warrant for aggravated sexual assault be placed on someone if they have been out of the country for 1 year?

My brother plead no contest about 3 years ago to aggravated sexual assault of a child because he felt he was scared and was told he would go to prison for 25 years even though they had no proof and he passed a polygraph test. He did not have the best lawyer and his lawyer advised him this was the best option. He has been out of the country for a year and just came home a few days ago (military) and was arrested at the airport for the same thing. The warrant was placed for his arrest in July while he was overseas. He hasn't had contact with a child in over 1 year. How could this happen? Could it be fought and his original charge dropped if we found a decent lawyer? We all live out of state and do not know the law and feel helpless.
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Answers (2)

Paul Holt Walcutt

Paul Holt Walcutt

Contributor Level 7
It's unclear from your question why a warrant was issued. It could be for violating his probation on the original charge or because they believe he has committed (or committed in the past) another offense. A probation violation can be as simple as failure to pay fines and fees, or more serious, like a failure to report or being arrested for another charge. It wouldn't have to be for having contact with the alleged victim.

If you are asking if he can now successfully claim innocence on the old Aggravated Sexual Assault of a Child case, the question is probably not. He plead guilty and to get a new shake at the charge he would have to show that his lawyer was ineffective or that there was some other serious procedural defect in his guilty plea. It is very difficult (but not impossible) to prevail on this sort of post-conviction claim, especially given that his case was over about 3 years ago.

You can try talking to some local criminal defense lawyers in the Killeen area about his case(s). They can give you advice about his chances and how he might fight the charges.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
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Robert Sterling Guest

Robert Sterling Guest Avvo Pro

Contributor Level 5
As usual, Paul gives a detailed informative answer. I would like to add that you must start interviewing defense lawyers immediately. Just because your brother plead guilty on the earlier charges does NOT mean he can not fight this new case.

I am also unclear as to what the new case is or why it was filed. Your new attorney can answer that question, and should be able to quickly discern the basis of the new charge.

Can the original charge be dropped? "Dropped" isn't the right language. Your brother may have a claim for ineffective assistance of counsel (writ of habeas corpus). Discuss that with your defense lawyer as well.

In sum- start interviewing local experienced defense lawyers. 95% of defense lawyers offer free consultations. There you can get better answers than these limited AVVO responses.

Finally, the disclaimer- This is not an attorney client relationship, nor is it legal advice. Consult with an attorney before choosing any course of conduct.
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