Someone found guilty for aggravated sexual assault of a minor? Any chance for an appeal to reverse the verdict or a mistrial?

Asked over 5 years ago - Harlingen, TX

the case took three years to go to trial, the accused was out on bond for 3 years, judge did not allow testimonial evidence, the accused is in his 60s the minor was 12, DA offered a plea bargain of 10 yrs probation and 6 mos. in county lock up plus sex offender registry

Attorney answers (2)

  1. James L Lindon Ph.D.

    Contributor Level 9

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    Lawyer agrees

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    Answered . Anybody who is charged with a crime in entitled to a fair trial and "due process." If important evidence was somehow hidden that could have helped you, a Court of Appeals would want to know about that in a timely fashion.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . There are many factors that come into play. Those couple that you mention are likely just a couple.

    You need to decide if the entire appeal record supports a reversal and if you want to have the ruling reviewed, check with an TX lawyer to go over the entire record that would be part of an appeal.

    "Questions to Consider Before Bringing an Appeal" is my Legal Guide you might find helpful

    http://www.avvo.com/legal-guides/ugc/questions-...

    The best way to proceed depends on the answers to these above questions and many others.

    If you have no lawyer, in choosing a lawyer, you might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    The best way to proceed depends on the answers you provide and many others things. You should get a lawyer to lay out all options.

    Good luck to you. I am in Chicago and do not practice in Texas.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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