What is the name of your state (only U.S. law)? TEXAS
Ok first off i just want to say thank you to anyone that will take this thread serious and help me with this decision i need to make which is ultimately the biggest one i will make of my life.
ok here it is. i was charged with sexual assault of a child last year for having sex with my girlfriend who was 16. i was 19 at the time but was passed the 36 month rule allowed by the state of texas. heres how it all happened. i was going through problems with my ex girlfriend at the time i was with my new girlfriend. one saturday night i was in the bedroom of my house which is not surrounded by any fence and did not have any no trespassing signs. basically a simple house in a neighborhood. i was in the middle of the intercourse when i hear a knock on the window of my bedroom. it was the city police. the officer said at the window for me to open up the door.from what the statements say my ex girl got a call from a friend who told her that i was with my gf. she then got a ride from her friend and went to my backyard to see what i was doing. she peeked into the small hole of my closed blinds and saw the act in progress. she then ran to the street called 911. the cops show up and she takes them to the back yard of my house and they to peek through my blind to see what i was doing. when the cop knocked on the glass i panicked i didnt know it was a cop..i hit the lights because of course i was naked and so was my gf. i opened up the door and said whats the problem. he said "we need you to step outside we have just witnessed a felony being committed" they said they had the right to just run in but i said get a dam warrant first and slammed the door shut. i didnt know what to do at this time. so i told my gf just to go outside with me. after 5 minutes of freaking out in my house i walked outside and so did my gf. i was then placed under arrest. the cops got a search warrant and went inside and found the condom and sent my gf to get a rape kit done which identified her on the condom as well as me and saliva on her breast.
i finally got to this position in court where i was offered a plea deal of 7 years deferred probation plus lifetime registry as a sex offender. i go back june 8th to finalize it.
this is hard for me. my lawyer will only give me options he wont tell me what decision to make.
so would it be in my best interest to take the deal?
i still havent gone through the suppression phase. ive read alot about privacy and the 4th amendment and the texas exclusionary rule. do you think the search was unconstitutional and do you think i should try to fight that?
any advice you guys can give me would be greatly appreciated,
need anymore info just let me know so i can provide it.
Ok first off i just want to say thank you to anyone that will take this thread serious and help me with this decision i need to make which is ultimately the biggest one i will make of my life.
ok here it is. i was charged with sexual assault of a child last year for having sex with my girlfriend who was 16. i was 19 at the time but was passed the 36 month rule allowed by the state of texas. heres how it all happened. i was going through problems with my ex girlfriend at the time i was with my new girlfriend. one saturday night i was in the bedroom of my house which is not surrounded by any fence and did not have any no trespassing signs. basically a simple house in a neighborhood. i was in the middle of the intercourse when i hear a knock on the window of my bedroom. it was the city police. the officer said at the window for me to open up the door.from what the statements say my ex girl got a call from a friend who told her that i was with my gf. she then got a ride from her friend and went to my backyard to see what i was doing. she peeked into the small hole of my closed blinds and saw the act in progress. she then ran to the street called 911. the cops show up and she takes them to the back yard of my house and they to peek through my blind to see what i was doing. when the cop knocked on the glass i panicked i didnt know it was a cop..i hit the lights because of course i was naked and so was my gf. i opened up the door and said whats the problem. he said "we need you to step outside we have just witnessed a felony being committed" they said they had the right to just run in but i said get a dam warrant first and slammed the door shut. i didnt know what to do at this time. so i told my gf just to go outside with me. after 5 minutes of freaking out in my house i walked outside and so did my gf. i was then placed under arrest. the cops got a search warrant and went inside and found the condom and sent my gf to get a rape kit done which identified her on the condom as well as me and saliva on her breast.
i finally got to this position in court where i was offered a plea deal of 7 years deferred probation plus lifetime registry as a sex offender. i go back june 8th to finalize it.
this is hard for me. my lawyer will only give me options he wont tell me what decision to make.
so would it be in my best interest to take the deal?
i still havent gone through the suppression phase. ive read alot about privacy and the 4th amendment and the texas exclusionary rule. do you think the search was unconstitutional and do you think i should try to fight that?
any advice you guys can give me would be greatly appreciated,
need anymore info just let me know so i can provide it.
