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  #1  
Old 12-14-2009, 06:20 PM
mojo55 mojo55 is offline
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Default Texas - indictment miss worded

Question....
My son is in jail in harris county tx for sexual assault of a minor (she was 13 and he was 19 and it was consensual). Anyway, his indictment has his age as 14, not 19.

I have been told by several people that it can be thrown out because of that miss wording. He plans to plead guilty and then the presentencing investigation (psi) will start. I was told that you have to wait until that faze of the game to bring up the miss wording or they will just make the correction to the indictment.

However, my son's court appointed lawyer says that it doesn't mean anything and it will not be thrown out no matter when it is presented to the court.

Can anyone tell me for sure what texas law says about this? My son's next court date is jan. 11, at which time he will plead.
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  #2  
Old 12-14-2009, 06:58 PM
robby340 robby340 is offline
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The lawyer is correct. Even if it is tossed they will immediately re-file.
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Old 12-20-2009, 06:53 PM
Wooly Rhino Wooly Rhino is offline
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I was ordered to pay Child Support to my son and they had his name wrong. Unless there is a real error that effects anything then it will just be corrected there. And know this a 13 year old girl can not have consenual sex with a 19 year old male. Get over that. It doesnt matter. He will have to except that fact himself before he gets out so he might as well except it now. It will only hurt his chances at trial.
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Old 12-24-2009, 12:20 AM
YourFriendlyDA YourFriendlyDA is offline
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This is called a "Scriveners error". It will not have any impact - especially if there is a plea. When you enter a plea you waive all rights to complain about defects and admit the charges as filed. If they file a demurrer on the indictment the DA will catch it and correct it. While the age may be a material element in this type of case thats the type of error that would be corrected before trial.
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