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Why was my son arrested with no questioning or witnesses, just an accusation and nothing more? I fail to see the justice in it.

Carrollton, TX |

The 14 yr old girl who accused accused him was a friend/neighbor's daughter who had a crush on him and was always trying to hang out with him. I have already heard TWO versions of her story and have gathered character information on her as well as evidence to dispute one of her allegations. No one appears to be in any hurry to prove that this girl is lying, and with bail set at $200k, it appears that he has to sit in jail and wait until the courts get around to determining if he is guilty or not

Forgot to include that the charges are sexual assault of a one story she stated that it was ongoing, he was sneaking into her room (which she shares with a sibling) on a regular basis and she was scared to tell anyone but she always wanted to hang around with him...her other story was that he raped her one time, a few nights before the arrest.

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Attorney answers 3

Best Answer

Your emotional attempt to search for justice is well understood and appreciated, yet, the case will be decided in court according to the set legal procedure to determine his guilt or innocence, and that alone requires an attentive local criminal counsel to comb through all facts and evidence and select the most practical legal theory for the defense case in chief. I am not aware of one single criminal case that could be successfully assisted without working it.

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They need probable cause to arrest someone. The things you describe should be told to your son's attorney. They are how reasonable doubt is created for a jury. This forum is for answering legal questions. Did you have one, or are you railing against the injustice that this feels like? It's a rough position to be in, but the question you ask is why your son was arrested. Nobody here will have an answer past "a judge felt like there was sufficient probable cause to issue a warrant. Get a good attorney experienced with sexual offenses."

Attorney Meenu Walters - 210-294-2515 -



I guess I didn't phrase my question right...I understand probable cause but I don't understand arrest with no evidence or even questioning, I read several questions in which people state they were "questioned and released" but my son was not questioned, he was arrested and fully incarcerated before any questions were asked, but I guess that must be how it works since I appear to be the only one in shock by that process. Thank you for your time.

Deepali Meenu Walters

Deepali Meenu Walters


Ah, got it. Okay, what I can say is that it does NOT help the defense on a case like this to have the defendant questioned by law enforcement. Your son is lucky they didn't bring him in. If they try to talk to him, he should refuse. He should also not mention the case to ANYONE, not a jailer, not a cellmate, not you. Nobody but his attorney can claim confidentiality.


These cases can be difficult on the family of the accused as well as of the victim. The biggest misunderstanding is the burden of proof that the police must present to be able to legally arrest someone as compared to the burden of proof that the State will have to present at a trial to be able to convict someone. There is a large discrepancy between the two standards, which explains how your son could have been arrested. It is important that you hire a local criminal defense attorney who has experience in these types of cases.

Nicole Knox's answer to a legal question on Avvo does not establish an attorney-client relationship. Call Ms. Knox at 214-653-8888 to set up a free consultation and/or visit her website at to learn more about Ms. Knox and her practice.

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