Legal Question in Criminal Law in Texas

my 15 year old daughter has a 19 month old baby by her stepbrother who is 23 she accused him of rape and he has been sent to prison but we now have found out she lied my daughter has always been in trouble about lieing how do we straighten this out because we don,t believe he should be blamed of everything she said she was doing it on her own they both agreed to it and now my grandson will never no his father she said she done this because she was mad at me

Asked on 7/24/12, 5:15 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, there are some questions which must be clarified prior to any suggestion of whether or not the step-brother's conviction can be overturned. First, when was the step-brother's conviction? Second, did the step-brother plea to the allegation, have a bench trial (judge alone) or jury trial? Third, what specifically was the step-brother charged with and which court handled the case? There are many additional questions which would require answers to based upon these few starting points. You may review general information on the firm's website ( about criminal matters.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 7/25/12, 9:13 am

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