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  #1  
Old 02-19-2005, 11:47 AM
jimbo's EX LADY jimbo's EX LADY is offline
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Default Brother arrested - what happens next?

He was arrested on the 17th, and is sitting in Harris County jail with 2 felony charges of Indecency with a child/CTG and AGG sex assault with Child under 14.
My brother Dale is dumb and would not listen to us begging him to stay away from his wife and daughter until after these charges were cleared. He didn't listen and he has been spending all of his money his child and her, and now he owes his atty. money like a dummy he is.

My mom is crying and I don't know what to tell her.
This is his first time in 33 years to ever be in jail. He is a good person, and I can't believe she is allowing her family to let their niece accuse him of this.

Does any one know what happens next???????
He has a arraignment hearing on the 25th of this month, and his atty. is out of town and everyone is calling me up to find answers and I don't know what I could possibly do that they can't do.

Pauline
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Old 02-19-2005, 08:21 PM
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In An Arrrainment All He Does Is Plead Guilty Or Not Guilty. These Are Very Serious Charges, Is He Out Of Jail? If So He Will Probly Be Postponed Each Month For Quite A While Till He Can Get Some Money Together To Pay His Attorney.
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Old 02-19-2005, 08:28 PM
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These are serious charges -- the bond is probably astronomical -- do you know what his bond is yet? And did he contact the lawyer I told you about or did he get another one? I can tell you right now it's aggravated because she is under 14 and the sentence for that can be 5-99 years and the average sentence is 40 years and it's flat time.
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Old 02-19-2005, 08:34 PM
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vim and gigi, the bond is set for 50,000 total on both, which is 5,000 to bondsman or property and we don't have neither.

These are some serious charges and I am scared to death for him, because he has some mental issues and he has never ever been in jail for anything at the age of 33.

We contacted his atty., but he is out of town and will be there for the arraignment for sure.

Pauline
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Old 02-19-2005, 08:52 PM
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The arraignment is to validate weather there is suffecient evidence to procede to trial. If not the charges are dropped and if so then bonb is set. Most always they procede to trial and the plea bargaining begins.
What to do. Have a great attorney for one and not an appointed one. Pray a lot and get in the mind set that he can loose the maximun time, anything less I consider a gift. Prepare for the worst but plan, and fight for the best.
If he is set to go to trial and he makes bond he needs to immediately go to a liscenced
counsilor that treats sex offenders and begin a treatment program ASAP. Guilty or not. If he made any confession at all to the crime in questioning he needs to go to a counsilor and show the court he is lagitamately concerned at trying to figure out what and where he messed up. If not then he needs to fight for his freedom.
No matter what happens and no matter how upset you get at him please try to keep your cool. No name calling or bashing him.

Just as a for instance Lets say he is guilty and he has problems with his sexual identity or even his own personal identity. Name calling throws people into flashbacks. Those old tapes from when he was a kid start to play in his mind that he is no good, he's stupid, he's just like his daddy, uncle, whome ever. Name calling today reinforces those names of yesteryear and his cycle of self worth and powerlessness kick in. Loss of control. How do they get control back. Sometimes in acting out just like they did as a kid when it was happening. We as adults can open and tear at those scars and to someone who may be compulsive at times this is all the trigger they need to lash out to try and get some control back. We always assume that adults automatically have built in coping strategies that make the world a safe haven for all people. But if you aren't taught them they aren't necessarily learned.
any way, off my soap box.

If we can be of more help let me know. Wife and have a little experience here.
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Old 02-19-2005, 09:37 PM
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Unfortunately Busman, I am familiar with his case -- he is a dear sweet soul who didn't do it but has a mean spirited wife who wants out and has a family with a lot of money. He does have mental issues and he trusts everyone way too much. I too have experience here and Texas eats people like him alive. I wish I could be more positive for her but I can't. He didn't want a divorce and she did. He knows he never hurt his little girl and he would see nothing wrong with going up to see her even if he was bonded out and told to stay away from her. He's not dumb but he's severely naive and a good lawyer will eat him alive. We need to get him some help and we need to help Pauline -- she's always there for everyone else. Pauline -- if you think he will change lawyers I will give you the number again but he absolutely will have to listen to him. PM me for the number.

Val
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Old 02-19-2005, 10:02 PM
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Pauline, I am so sorry. I don't know what to say or do to help. Just know that I am here for you. I am so sorry.
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Old 02-19-2005, 10:35 PM
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I know little about these type of cases but just want to let you know you have my support and prayers.
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Old 02-19-2005, 10:54 PM
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my boyfriend was charged with child indecency and was at first offered 4 years probation 30 days county beucz it was he say she say then i guess they did not settle on it and he got 2 years tdcj time and it is also flat time! i have quite a few friends in jail that have cases similar to this iam also here in harris county my man was at first in county then they finally put him in tdcj! but while he was in there it turned out his cellie "chris" which was one of friends ex boyfriend was now in there which i already knew but he was in becuz his girlfriend who was 15 and he was 18 her mom walked in on them having sex and she pressed charges all he got was 1 year county time! i know you are stressed but you would be surprised what they might offer! like i said with my boyfriend all he did was kiss this girl he had just turned 18 and she was about to be 14 she went to school bragging and a teacher heard and it all went down hill all they had on him was that he kissed her she never said anything other that they both never thought they was doing any wrong but it does not matter when it comes texas i guess since she was only 13 the state has control over her plus she had already been in alot of trouble with law so the judge put her in a home for all girl s which was ran by the state and we still got screwed especially since she was property of the state! i dunno just keep your head up you never know God works in misterious ways! goodluck to you and i know exactly how you feel! i have to think to myself everyday...the reason he is in jail is all becuz he cheated on me and now look he missed out on my pregnancy the birth of our first son his first words his first steps his firsat birthday party our fist christmas everything!!!! he has noooooo idea how bad he has j=hurt me but it hard to be mad cuz he ddint do anything wrong in our eyeys execpt for cheating on me ya know? aywayz good luck keep your head high and pm me if you have any questions i also know a good lawyer
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Old 02-20-2005, 12:20 AM
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Thanks Val, Jeanne, quinn, edgarsgrl254 for the support. Right when I am able to cope with the short sentence of Jimbo and his time, then the child support case, and now brother is locked up, and before that CPS...........WHAT IS NEXT???? What is it; pick on Pauline month? I am losing my mind.
I just talked to the office of pre-trials and bonds and they said that if he is not bailed out, he will see a judge monday, and if he is bailed out he has to go to court on the 25th, so I have to check more into that, so we can prepare to be there monday.

I am taking off friday night to go and do some concerned citizen business, so that I can take pictures of these accusers lifestyle of bar hopping and dressing sleezy,
I don't know if it will help him any, but I am grasping at straws right now.

His lawyer and I have only spoke on the phone and he seems like he has his snap about what to do.......I hope he does anyone.
He is out of town but he notified the courts that he is representing my brother.

I met with my mom downtown to go and see my brother, and trying to prepare her for this was not easy. She was crying while we were waiting on him and crying during the visit and afterwards. He was in good spirits, nervous, scared, but overall handling it pretty good.
I did have to ask him why he didn't listen and he says that he will now because his life is on the line. He wanted out, but right now there is no way in h**l that we can afford to get him out and I am the only one in my family who owns a home, and as much as I would like to help, I am not putting my home up for collateral for him. This is all I have, and everyone else will just have to live with that.

His atty. will be at the arraignment so that's a good thing, and hopefully he will get to come home.
He has no priors and he has never been in jail or trouble, well he had a accident once, but that was settled. He is handling the jail easier than I would be.

My mom is a wreck, this is her oldest son and basically her baby.
Well on top of all of this, I locked my keys in the trunk and had to get my ex to go and pick up a set from home 20 miles away and he brings the wrong set, so we just had to go ahead and break the trunk lock to get keys out, so I could go home from the jailhouse.
My mom made it home all right and she is now asleep. I have told her every comforting word there is, but at this point she has to find the peace within herself to cope with all of this.

Pauline
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  #11  
Old 02-20-2005, 12:21 AM
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What they are really going to fry him on if he doesn't have a good lawyer is the aggravated sexual assault. Any case involving sexual assault in Texas is aggravated if the victim is under 14. The state doesn't have control over them but it takes very little proof to convict -- usually just the word of a CPS worker.
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Old 02-20-2005, 12:31 AM
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Quote:
Originally Posted by vim1946
What they are really going to fry him on if he doesn't have a good lawyer is the aggravated sexual assault. Any case involving sexual assault in Texas is aggravated if the victim is under 14. The state doesn't have control over them but it takes very little proof to convict -- usually just the word of a CPS worker.
Don't they check into the girl's lifestyle of barhopping with mommy?
I don't understand why once they accused my brother, why they let the girl come over to spend weekends after they accused him of this?
They didn't take her to the doctor to have a rape test ran or have her checked out, or anything.

Why is this allowed to happen? False accusations and then how in the world can you prove you didn't do it? I just don't understand the concept of believing a child with her type of background.

I will be in court that day, because if I feel that my brother's lawyer is not good, then I will tell him to switch.
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Old 02-20-2005, 12:38 AM
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Pauline -- remember -- my husband has been at the Eastham resort since 1995 for the same thing -- and there was never a rape kit -- just that CPS said she was a credible witness -- she wasn't even the one giving a witness statement at the sentencing -- her older sister who just happened to work at the Ecstacy Ranch outside Lubbock gave it -- which was totally against the rules and then, we found out it was my husband's attorney who called the press and let them know when to be at the court that day -- Pauline, I love you to death but someone has to say this -- in Texas you just can't be that naive! Take the pictures and if you can prove she's taking her to the bars at her age you can at least get her taken away from her mother for the time being but don't count on it working for anything else -- and call me tomorrow -- Jeanne has the number -- I'll put you in touch with the other lawyer -- you are going to need him -- seriously!
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Old 02-20-2005, 03:29 AM
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Pauline,I want you to know that you and your brother are in my thoughts & prayers.I know you love your brother very much.It hurts like hell to see someone that you love dearly go through something like this. My husband is serving a 20 year sentence for sexual assault of a child. They had to drop the aggravated charge.The girl was 14 at the time this was suppose to have happened. It was 4 years later before she told anyone.She was 18 by then.It was a year before they went to jury trial from the time he was arrested.A bail bondsman bonded him out the 1st time.They locked him up again 2 months before he went to trial.His boss bonded him out that time.My husband paid $6,000.00 for his 1st lawyer,he withdrew from the case without even notifying him. That was all the money he had to give him,so they finally gave him a court appointed attorney.He was told by this lawyer that he could take a plea bargain,if he pled guilty.When he pled guilty the DA stood up and said we're going to trial. He was given the max at the trial... A judge could have stacked his counts,which could have been alot worse from what his lawyer told me.Hell,20 seems like a life sentence in a hell hole!There was also a conflict of interest.The mother of this girl which he was living with sold her home and land to the DA while all this was going on.Go figure! I have stood by him "every" step of the way.He's served nearly 2 years of the 20 he got.We have a longggg ways to go,since he has to serve 1/2 of his sentence (PED) before he's eligible for parole. Sorry this was soooo long.Let us know how things go.We are here for you. I feel your pain! Stay strong hun! I logged on and saw your post and wanted to respond...I'm going back to bed now...good night!
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Old 02-20-2005, 03:31 AM
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Forgot to say this was his 1st offence.No prior felonies.
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Old 02-20-2005, 11:39 AM
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txla -- same with my husband and he actually didn't do it -- and you do realize that statistics will back this up -- most SOs in Texas serve 90% of their sentence before they are approved for parole. I just don't want you thinking he only has 8 more years to go and then he will be home -- unless the parole board changes it's thinking drastically, he won't. PM me any time -- We've been fighting this system for a long time.

Val
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Old 02-20-2005, 10:42 PM
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Thanks hun!
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Old 02-23-2005, 01:15 AM
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Pauline,I sent you a PM,hope you got it sweetie! I keep getting "not responding"!
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Old 02-26-2005, 11:57 PM
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I did get the PM's from Val and Txla36. Thanks for the info.
We went to the arraignment, and the judge did not show. They have a bond schedule to go by and would not reduce his bond. They reset til March 21st.
Now we are trying to get money to get him out. His job is taking up a donation, I just sold my last car for 300.00, my mom is putting in 500.00 and that still leaves us 1800 short, but we are trying to get ahold of his Income tax refund and if nothing else works, I will get him out in 2 weeks when my income tax check comes in.
County jail is treating him well. He is sleeping on a hard mattress on the floor (jail is full), food is good and they get seconds and thirds.
My phone bill is going up at 3.90 a call from county jail.
We read some of the things that she has accused him of doing and they are sickening. I know my brother did not do this to her and what possesses her to say these things is beyond me.
His atty. feels we have a good case, but from what I hear from everyone, so did they, and it didn't end in a good case.
I just pray that something happens to clear him of these charges. We don't need another victim added into TDCJ, that is innocent.
This is just something that I have to deal with. I will stand by my brother and not because he is my brother, but because I know that he did not do this. I hope the best for him, but this is Texas of course, so I will have to deal with what they deal him. He is prepared for the worst and hopes for the best.

Texas can take our men and tear our families apart, but they can't take our prayers, our hope, our faith and the love that we have for our families away from us, and that is all we need to survive.


Pauline
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Old 02-27-2005, 08:37 AM
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My heart truly gos out to you. If there is anything I can do to help you just let me know. I don't have any experience in these types of cases but sometimes having someone who will listen helps. You and your family will be in my prayers.
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Old 02-28-2005, 09:12 AM
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Pauline,

I'm so sorry for what you and your Mom and Brother are going through.
So sad when someone accuses someone it's not right. I dont know how to help, but I'm here for you if you want to talk. Take Care
Hugs,
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Old 03-01-2005, 08:46 AM
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Quote:
Originally Posted by jimbo's lady
Texas can take our men and tear our families apart, but they can't take our prayers, our hope, our faith and the love that we have for our families away from us, and that is all we need to survive.

Pauline
This is soooooo true! Dont ever loose faith! once you do you let them win.
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Old 03-01-2005, 09:22 AM
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Ok, since everyone is sharing, I would like to share my husband's story as well. Ok, here it goes: He used to be a photographer, then he got into doing topless pics for the owner at a popular club in Houston ( of course, all adults) and made lots of dough. He gave up the " business" after he was in a bad accident and could not walk. He had a miraculous healing and he promised God he would never meake money that way again. We met, fell in love ( the rest is history) After I had our first baby, he got laid off from a labor job and I was still on maternity leave. Needless to say, we were broke. So behind my back, he tried to get into the business again and he met a girl and her mom at some bar. The mom ACTUALLY hired my husband to take nude photos of her. They swore up and down that she was 17 and married, but was split up and her husband had her ID and SS card. So, my husband takes pics of this girl, she was never totally nude and the girl and the mom intended to sell these at the bar that her mom worked at. My man kept the proofs in the back of trunk (hidden). So then the girl goes to spend the weekend with her dad, takes the pics with her and puts them under her mattress. The dad finds them, takes them to the police and so the "sting" is sprung into action. Several weeks later, the girl calls my husband, tells him she has money for him and asks him to come pick it up. By that time, we are broke with 3 kids to feed. So, he goes by to pick up the money, another girl approches him and tells him she wants pics done of her too. He asks her how she is and she tells him 17 and that she just had a baby. Next thing you know, the cops surround him, he gets charged with possesion of child pornography, intent to sell, induction of sexual performance of a child ( the girl posing for the pics was 16) and criminal solicitation. 3 felonies for one mistake, 7 year sentence. Oh, the girl who approached him was set up by the cops and she was 14. What do you all make of all this ?
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Old 03-01-2005, 09:40 AM
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Jessies, I think it is JUST as wrong to set someone else up with an illegal situation as to purposely commit it. Did the ploice not prostitute the girl by setting her up that way. I would be enraged at the police if they asked my 14 year old to do that. The whole sex offense situations are out of whack. A promiscuous 16 year old is a victim? Right!! In my opinion you husband was a victim of a scam. Where is the mother's responsibility in this?
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Old 03-01-2005, 10:04 AM
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Pauline you and your family are in my thoughts and prayers!
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