Collin County Sexual Assault “No Billed”

Mr. Lowe got his client’s 2nd degree Felony Sexual Assault charged “no billed” in Collin County.  Mr. Lowe’s client (Texas State licensed armed security guard) was attempting to remove his live-in girlfriend from his home in Plano, Texas.  When Plano Police arrived at the scene, his girlfriend claimed that Mr. Lowe’s client sexually assaulted (“rape”) her and slapped her face shortly before Plano PD’s arrival on the scene.

Mr. Lowe’s client was later arrested and charged with 2nd degree felony Sexual Assault (non-consensual sexual intercourse). Before Mr. Lowe’s client hired him, he was contemplating spending the next 20 years of his life in the Texas Department of Criminal Justice (“TDCJ”) and serving out a lifetime sex offender registration thereafter.  Mr. Lowe was able to put his client’s mind at ease once he was on the case.

Mr. Lowe’s pre-grand jury investigation yielded an excellent strategy which ultimately led to the Collin County Grand Jury to “No Bill” his case.  In Texas, a Grand Jury can decide whether probable cause exists such that a case should be indicted and move forward to trial.  In this case, the Collin County Grand Jury made the statistically rare decision to “No Bill” the case.  A “No Bill” is a vote from the Collin County Grand Jury to NOT indict the case.  Once a case is “No Billed”, it is dropped and is rarely brought up again.

Mr. Lowe’s client will be eligible to have his arrest record totally expunged before the statutue of limitations period has expired under the expungement rules found in 55.01(a)(2)(A)(ii) of the Texas Code of Criminal Procedure.  No Assault case was filed.  The Client’s armed security guard license will be unaffected by the charge and arrest.  In this case, Mr. Lowe’s investigation was able to establish not simply a lack of probable cause.  Mr. Lowe’s worked demonstrated that the charge actually arose from “false information.”  In such a case, the Texas Expungement statute permits the Petitioner to have their record expunged in a expedited manner.  That is, Mr. Lowe’s client will NOT need to wait for the statute of limitations to expire before he can have his name cleared up.  The applicable statute of limitations for Sexual Assault in violation of Texas Penal Code 22.011(a)(1), 10 calendar years from the date of alleged incident.


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