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Guest
Guest
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....
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....
