Legal Question in Criminal Law in Texas

If a defendant was charged with 2 counts of aggravated sexual assault of a child and 3 counts of indecency with a child and has admitted guilt is it standard procedure for the prosecutor to offer a plea bargain agreement of a lesser charge of injury to a child-bodily injury without admitting guilt and 4 years deferred adjudication probation?

Asked on 2/20/11, 2:10 pm

2 Answers from Attorneys

Gary Thomas Gary Thomas Law Office, P.C.

There is no standard procedure for this kind of plea bargain with so many counts involved. Not so many similar cases to use for comparison. Sounds like a reasonable offer to me, however, and discovery may show some weaknesses in state's case that lead to it.

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Answered on 2/20/11, 2:48 pm

Cynthia Henley Cynthia Henley, Lawyer

Standard procedure is for the prosecutor to review all of the facts of the case and determine what s/he thinks is a good and fair offer on the case. Multiple counts do not tell the entire story. It could be that the prosecutor had overwhelming concerns about the child that caused the offer to be something that the defendant would accept. It could be that the prosecutor had questions about the admissibility of the "confession" and the strength fo the evidence. There are many variations on why specific offers are made.

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Answered on 2/20/11, 2:53 pm

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