April 23, 2016

Asked 4/20/2016 – Aransas Pass, TX

my sister put a charge on her husband of touching her 2 girl that were at the time 9 an 11 . after 2 years she found out during a court hearing for child support of her 2 sons from him that he only had one account for the 9 year old girl and not the other he took a plea deal to drop the other charge. can she now take him back to file a over ruling or her daughter who is 13 now can she file charges on him.

Answer

The cases you describe have been finalized and cannot be re-opened. The only way new charges can be filed is if the date of the new offense is after the date of the plea entered (technically to file a new case, the alleged date of the new offense must be after the date alleged in the indictment in the completed case, but for new prosecution, you are probably going to have to show a totally new series of events after the plea for a new case to be filed)

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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