Asked 2/8/2016 – Plano, TX

I was 17 in Texas & only touched my sister from the outside of her clothing. She was 7.
The police and cps got involved but nothing ever happened. They tested her clothing for DNA but none was found. A sain exam was never performed. Long story short I’m 21 & get a call from my mother the DA is now pressing charges for aggravated sexual assault of a child. The family & I did hire a attorney who said he would fight but did not. I knew zero about the law & was more less pinned. I took the probation offered & now all is done & over with but I was charged with a charge that requires actual penetration which was never done. My DNA semain was never on her clothing that they tested & if their claim was penitration why did they not send the victim for a Sain exam to verify & collect DNA. The victim my sister which I see on good terms everyday even said there was no penitration he touched from outside. She also stated CP’s did 3 interviews & she was told if you don’t tell us what happened you’ll never see your faimly again & the more I disagreed the madder they got but when I would agree they would calm. My parents were there when she was screaming back saying no my brother never did that

Answer

If you agreed to a plea bargain and the plea bargain was followed by the Court, you are out of luck. One of the papers signed when a plea is entered, states that “This is a plea bargain and all rights to appeal are waived”. This was also told to you by the Judge, that “If the Court follows the plea bargain, your rights of appeal will be waived” and “Are you asking to court to follow the plea bargain?”, which you would have had to say “yes” for the plea to be processed. You can contact the attorney who represented you, but it’s probable too late tom go over that facts now.