rape question in texas from new orleans

[949]

What is the name of your state? new orleans and texas

my brother just got arrested in the house in new orleans today.
the officer came with a search warrent and arrest warrent.
they took him to jail right away, while he was in the police car they searched and took all his computer stuff and info. i assume its to process and see if there is any evidence.

i assume this is the whole story as i was not aware of anything that was going on.
i was told some of this this morning. i am currently in california and i am the sister.

the officer said he is being arrested for a rape crime against a girl in texas.
they said she was under age and he is not.

as for now. i dont know the procedure and what rights does he have.
do i find a lawyer in texas or new orleans?
can i bail him out here?
he has not been booked yet i assume.
will he be expedited to texas before i can do anything?
what was needed on the other end, the girls side? what did she need to do to get this to the attorney and get a warrenty?


any other info other then posting up link with alot of legal terms wont help me much. please give me any info in a simple language.

thanks,
concerned sister

 

[Just Blue]

What is the name of your state? new orleans and texas

my brother just got arrested in the house in new orleans today.
the officer came with a search warrent and arrest warrent.
they took him to jail right away, while he was in the police car they searched and took all his computer stuff and info. i assume its to process and see if there is any evidence.

i assume this is the whole story as i was not aware of anything that was going on.
i was told some of this this morning. i am currently in california and i am the sister.

he knows a girl in texas. i dont know how they met. i dont know her age but i assume she is under the age. my bro looks very young too, and acts that too.
i only know he has been talking to a girl in texas but i assume he was of age. they talk all the time. i didnt know if has even met her in person yet as he resides in new orleans, LA.

as for now. i dont know the procedure and what rights does he have.
do i find a lawyer in texas or new orleans?
can i bail him out here?
he has not been booked yet i assume.
will he be expedited to texas before i can do anything?
any other info other then posting up link with alot of legal terms wont help me much. please give me any info in a simple language.

thanks,
concerned sister

Based on your post there is no way we can help you. There isn't enough relevant information. Is it Tx or La that is charging him? What are the charges? It "seems" per your post that a possible charge of Child Porn or Soliciting a Minor might be the charge. Maybe.

You could hire an attorney for your brother in La. if he hasn't been extradited to Tx.

 

[949]

thanks for the quick reply.

as we speak right now, the officiers at the house. they have expidited him in a police car to texas right now.

the other officiers are at the house explaining things to my other family members.

i dont know too much right now.

can you please explain more
"Child Porn or Soliciting a Minor"

he is 25.
i dont know anything right now about her.
the charges were filed in austin tx.
i think they are driving him in a squad car to texas directly from LA.

 

[949]

just found out more.

he was accused of sexual assault 2nd degree felony.

 

[CavemanLawyer]

Assuming this was consensual sex than based on the charge it meant that the girl he had sex with is between the ages of 14 and 17. (If she were under 14 it'd be agg. sex asslt. 1st deg., and if she were older than 17 it'd have been legal.)

There should already be a bond amount set for him. Once he gets to jail you/he can start the process of bailing him out assuming you have the money. He'll have the option of waiving an attorney if he intends to hire one or he will be appointed one if he qualifies. From there his attorney will just have to evaluate the case and proceed from there.

As for what it took to get these charges filed, it could be anything. Most likely the girl outcried to someone about the sexual encounter(s) and the police investigated and determined that the claim was credible either based on her statements or based on other corroborating evidence. Your brother will just have to wait to see what evidence the state has against him.

 

[PJ Weber]

He needs a lawyer in Texas . . .NOW

If convicted he will face at a minimum

§ 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the second degree shall be
punished by imprisonment in the institutional division for any term
of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the second degree may be punished by a fine not
to exceed $10,000.

 

[949]

Assuming this was consensual sex than based on the charge it meant that the girl he had sex with is between the ages of 14 and 17. (If she were under 14 it'd be agg. sex asslt. 1st deg., and if she were older than 17 it'd have been legal.)

There should already be a bond amount set for him. Once he gets to jail you/he can start the process of bailing him out assuming you have the money. He'll have the option of waiving an attorney if he intends to hire one or he will be appointed one if he qualifies. From there his attorney will just have to evaluate the case and proceed from there.

As for what it took to get these charges filed, it could be anything. Most likely the girl outcried to someone about the sexual encounter(s) and the police investigated and determined that the claim was credible either based on her statements or based on other corroborating evidence. Your brother will just have to wait to see what evidence the state has against him.

My brother never had sex with her, she told the police that she want it too but my brother told her that he want to wait until she 18. She skip school and that how all this happen. But i thought u cannot file a missing person until 24 hours gone by. So she only missing 8 hours how can all this happen??? She told me that the detective question her told her that, her statement cannot put anyone in jail.

 

[Just Blue]

My brother never had sex with her, she told the police that she want it too but my brother told her that he want to wait until she 18. She skip school and that how all this happen. But i thought u cannot file a missing person until 24 hours gone by. So she only missing 8 hours how can all this happen??? She told me that the detective question her told her that, her statement cannot put anyone in jail.

How old is this girl?

 

[mommyof4]

Assuming this was consensual sex than based on the charge it meant that the girl he had sex with is between the ages of 14 and 17. (If she were under 14 it'd be agg. sex asslt. 1st deg., and if she were older than 17 it'd have been legal.)

There should already be a bond amount set for him. Once he gets to jail you/he can start the process of bailing him out assuming you have the money. He'll have the option of waiving an attorney if he intends to hire one or he will be appointed one if he qualifies. From there his attorney will just have to evaluate the case and proceed from there.

As for what it took to get these charges filed, it could be anything. Most likely the girl outcried to someone about the sexual encounter(s) and the police investigated and determined that the claim was credible either based on her statements or based on other corroborating evidence. Your brother will just have to wait to see what evidence the state has against him.

It cannot be 'consensual' sex if he is charged with sexual assault. If this was just a case of the guy having consensual sex with a 16 year old, he would have been charged with indecency with a minor. Even then, if the minor begs and plead for it, the sex is still not consensual, legally speaking.

OP, there's a lot more to this than you know.

And the girl didn't call an attorney and file the charges against him.

 

[Some Random Guy]

My brother never had sex with her, she told the police that she want it too but my brother told her that he want to wait until she 18. She skip school and that how all this happen. But i thought u cannot file a missing person until 24 hours gone by. So she only missing 8 hours how can all this happen??? She told me that the detective question her told her that, her statement cannot put anyone in jail.

Skipping school and missing persons has nothing to do with the case. It is about sex, not custodial interference, kidnapping or interstate transportation of a minor.

He needs a lawyer. The lawyer will be able to use discovery to find out what he had on his computer that will be used against him.

 

[CavemanLawyer]

It cannot be 'consensual' sex if he is charged with sexual assault.

There is a difference between consenting in law and consenting in fact. You can always consent in fact, even if you are a child, it just has no legal effect. The reason I said consensual is because if this is forcible sex it wouldn't matter if she were a child or not. She could have been 50 years old and the charges would have been the same, 2nd degree sexual assault. But since it seemed obvious we were talking about a young victim, I was able to determine the age range of the child based on the charges. I did this because the poster mentioned that she didn't know anything about the girl or her age.

If this was just a case of the guy having consensual sex with a 16 year old, he would have been charged with indecency with a minor.

No that is not correct. Indecency with a child is when there is sexual contact but no penetration. If he had sexual intercourse with someone under 17 and no force was used (ex: consentual in fact) than it would be sexual assault 2nd degree. If force was used it would be agg. sex assault, 1st degree. If the child were under 14 than force or not, it is agg. sex assault 1st degree.

I used to prosecute these crimes.

 

[mommyof4]

There is a difference between consenting in law and consenting in fact. You can always consent in fact, even if you are a child, it just has no legal effect. The reason I said consensual is because if this is forcible sex it wouldn't matter if she were a child or not. She could have been 50 years old and the charges would have been the same, 2nd degree sexual assault. But since it seemed obvious we were talking about a young victim, I was able to determine the age range of the child based on the charges. I did this because the poster mentioned that she didn't know anything about the girl or her age.



No that is not correct. Indecency with a child is when there is sexual contact but no penetration. If he had sexual intercourse with someone under 17 and no force was used (ex: consentual in fact) than it would be sexual assault 2nd degree. If force was used it would be agg. sex assault, 1st degree. If the child were under 14 than force or not, it is agg. sex assault 1st degree.

I used to prosecute these crimes.

Ah sorry. I actually knew that. I don't know what I was thinking. Apparently, I had a blond moment.

I misunderstood what you meant by 'consent'. I'll just hush now.

 

[949]

How old is this girl?

I don't know her age.

 

[949]

Skipping school and missing persons has nothing to do with the case. It is about sex, not custodial interference, kidnapping or interstate transportation of a minor.

He needs a lawyer. The lawyer will be able to use discovery to find out what he had on his computer that will be used against him.

This girl keep calling my house and want to talk to my brother. Should i tell her, he got arrested because of her???

 

[mommyof4]

He didn't get arrested because of her. He got arrested due to suspicion and evidence of his criminal actions.