Dallas Grand Jury “No Billed” Aggravated Sexual Assault
Mr. Lowe’s client was charged with Aggravated Sexual Assault by the Mesquite Police Department. The client was accused of holding his ex hostage in his apartment and repeatedly raping her. The complaining witness even had injuries to her face which were visible and there was sufficient SANE exam evidence to demonstrate the complaining witness had recently had sexual intercourse. A SANE exam is a standardize exam done by a qualified nurse to determine whether any physical evidence can be found on the rape victim’s body to corroborate her Sexual Assault claim.
A Grand Jury makes a probable cause determination on all felony cases in Texas. The Grand can only “True Bill” or “No Bill” a case. A “True Bill” means that the client is indicted and that the case moves forward to court. More than 95% of all cases presented to Texas Grand Juries are indicted. A Grand Jury is not a trial and there is no judge present in the Grand Jury room. In Dallas County, only an Assistant District Attorney, a court reporter, a bailiff and 9-12 citizens from Dallas County are permitted to be in the Grand Jury room. The Grand Jury hears testimony from witnesses before it decides the Defendant’s fate.
The client was already on felony probation in Collin County. Mr. Lowe was able to convince the Dallas County Grand Jury that the original statements taken weren’t accurate and that his client was really innocent. The Dallas County Grand Jury “No Billed” the case. The Grand Jury didn’t even report the case out as a misdemeanor Assault. The client will be eligible have his record expunged. Mr. Lowe’s client was not revoked on his Collin County probation.
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