why would texas attorney general take an assault case

Do I need a lawyer for an assault charge?

Provide some background information for your lawyer’s investigation. If you want to drop assault charges DO NOT speak with prosecutors until you have met with the criminal defense attorney handling the case. If you cannot get in touch with the criminal defense attorney handling the case this is a read flag.

What is aggravated assault in Texas?

Sex­u­al Assault Exams. The Crime Victim Services Division of the Office of the Attorney General assists victims of sexual assault by providing information and administering victim services-related programs. Learn more about these programs.

What is the Office of the Attorney General doing to help victims?

Jul 03, 2018 · A common strategy is to use the victim’s past sexual history to suggest that the victim was likely to consent to the acts in question. However, this can backfire, as it may seem as if the defense is attempting to defame the victim’s character. Additionally, in some cases the victim is considered incapable of giving consent.

What does a prosecutor do in an assault case?

Aug 20, 2019 · Part III in a four-part series on why sexual assault cases are so hard to prosecute in Austin. Warning: This story contains descriptions of sexual assault. Only 5 out of 1,000 rapists will go to prison in the U.S., according to the Rape, Abuse & Incest National Network. The numbers aren’t much better when zoomed in locally.

What is the Texas Attorney General responsible for?

The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...

What are the duties of the Attorney General?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

What are the legal obligations to victims in Texas?

Victims of crime are afforded certain rights under Texas law. These rights include, but are not limited to, the right to protection, information, notification, to be heard, to participate in the criminal justice system, and to seek financial remedies.

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

What is the difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

Who is the current Attorney General of Texas?

Ken Paxton (Republican Party)Texas / Attorney generalWarren Kenneth Paxton Jr. is an American lawyer and politician who has served as the Attorney General of Texas since January 2015. Paxton has described himself as a Tea Party conservative. Paxton was re-elected to a second term as Attorney General in 2018. Wikipedia

Does assault have to be physical?

Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It does not have to involve physical violence. Threatening words or a raised fist is enough for the crime to have been committed provided the victim thinks that they are about to be attacked.

Can a defense attorney contact a victim Texas?

In representing a client, a defense attorney may contact you and want to talk to you about the case. Keep in mind that you do not have to talk to anyone about the crime, including the attorney for the state or the defense attorney.

Do you have to attend court as a victim?

If warned to attend court, you are legally obliged to attend. However there is plenty of help and support the Voice and the Court Witness Service can provide to ease you through the process.Jan 30, 2017

How long does a criminal case take in Texas?

If you are accused of a felony, the trial should begin within 6 months of your arrest, and last between 2 months and a year. Misdemeanor cases last for a shorter time. Usually, the length of a trial depends on its complexity.Sep 18, 2020

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Why would the Department of Justice sent me a letter?

If you receive a target letter, you are not being charged with anything or under arrest. However, it's often an indication that the government will likely follow up with a civil or criminal charge. Target letters can be sent out at various stages of an ongoing investigation.Sep 30, 2021

What to do if you tell police that an assault never happened?

How frustrating... So, in most assault cases, your best option is to work with the criminal defense attorney handling the assault charges .

What happens if a victim does not show up for trial?

So, if the victim does not show up then the State will usually ask for a "Continuance" to reschedule the trial date. In Texas, the State is entitled to one continuance of trial based on unavailability of a material witness (victim).

What is James' favorite case?

Honestly, assault cases are some of James’s favorite cases. Usually, it is a chance for him to really help someone and get the government out of people’s personal lives. He makes your assault family violence case a top priority. He will investigate, aggressively negotiate, and skillfully try your case.

What happens if a person doesn't show up to court?

If the person does not show up to court, the State can get what is called a writ of attachment ordering a Sheriff’s Deputy to go out find the person and bring them to court. If the victim asks the prosecutor how they can get the assault charges dropped, they may not be treated with much kindness.

What to do if a dismissal is not possible?

However, if a dismissal is not possible then you need a criminal defense attorney that is ready for a fight in trial. Defending these cases can be difficult, and you need someone that is experienced and will do the leg work to win your assault case. Honestly, assault cases are some of James’s favorite cases.

Does James Luster get dismissed?

Both, you and the person charged need to meet with the lawyer, in person, as soon as possible. James Luster regularly gets assault charges dropped or dismissed, but it takes time and effort. He has a general process that he takes each case through.

Can assault charges be dropped?

Frankly, dropping assault charges can be difficult. Calling the police to ask that the charges be dropped almost never works, no matter what you say. In many cases, the prosecutor won’t return your calls and when they do finally talk to you, they are not interested in your explanations.

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Ken Paxton is the 51st Attorney General of Texas. He was elected on November 4, 2014, and sworn into office on January 5, 2015.

What is the most straightforward defense against sexual assault?

The most straightforward sexual assault defense is that of actual innocence, meaning that the defendant did not commit the acts in question at all. However, this is only possible to argue under certain circumstances.

Is rape a serious offense?

Sexual assault, commonly known as rape, is a quite-serious offense that can lead to decades of jail time, and potentially even life in prison for repeat offenders or extreme cases.

Do defendants in sexual assault cases admit that the act (s) in question did in fact take place?

Defendants in sexual assault cases often admit that the act (s) in question did in fact take place, but argue that the alleged victim consented to these acts, negating the charge of sexual assault, which by definition occurs without the victim’s consent.

How many victims of sexual assault in Texas are physically injured?

In Texas, the emphasis is still put on the use of physical force, violence or coercion. But these scenarios do not always reflect reality: Only about 10% to 12% of victims in Texas report they were physically injured or threatened during a sexual assault.

Do detectives have to approach cases with the penal code?

Still, every detective, prosecutor and jury must approach cases with the penal code’s definition as a reference. This makes it hard for prosecutors to prove these cases beyond a reasonable doubt. It’s such a specific definition, Moore says, so it’s not enough that a victim says “no.”.

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Facing Assault Charges? Contact a TX Criminal Defense Lawyer

An assault charge can derail a person’s future in an instant.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What to do if a lawsuit is commenced?

If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.

What is the importance of injunctive provisions in a written settlement?

If the resolution involves a written settlement, it is critical that the injunctive provisions therein be narrowly crafted, not only to allow for lawful business, but also to contemplate future technologies, business models and business interests.

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.