If someone is accused of sexual assault, cps and law enforcement has been involved, cps has now closed case, there is no evidence but the law enforcement wont drop the case.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone is accused of sexual assault, cps and law enforcement has been involved, cps has now closed case, there is no evidence but the law enforcement wont drop the case.

What do we do?

Asked on January 13, 2016 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 
CPS and law enforcement (at least hypothetically) are two different entities with different tasks and standards.
 
CPS's goal is to see if a child is in danger and if a family is in need of assistance.  (again...hypothetically)  They will usually make one of three findings:  'reason to believe', 'reason not to believe,' or 'reason not to believe.'   If they have a reason to believe something happened... they may get involved to offer services.  However, even if they believe that something did happen, if a child is otherwise safe, they may chose not to get involved because the child is in a good place and subsequently close their case.  If they are unable to determine, they will usually offer minimal services, if any.  If they determine that an event did not happen, they will often close a case and not offer services. 
 
If CPS closed these case for because they entered a finding of 'reason not to believe' or 'unable to determine', then either finding can be used in the defense of the criminal case.  However, the CPS case will not control the criminal prosecution.  Only the agency and the prosecutor can make the decision to terminate the criminal prosecution.  It may not be closed yet simply because it hasn't worked through the system yet.  Many prosecutors will run a case like this through the grand jury process.  To get to the grand jury, a case has to be delivered to the DA's office, it has to go through intake and be reviewed by and attorney, and then presented.  Some DA's office move quickly....others are so understaffed that it could take several months.  So... the closure just may be a waiting game. 
 
If you get the feel that law enforcement is continuing the case despite a 'reason not to believe,' you need to have an attorney lined up to assist you.  Some DA's office will allow defense attorneys to present grand jury packets--- basically---a packet to tell the grand jury why you didn't do the acts alleged.  Some DA's offices are afraid of the truth finding function of grand jury and will not allow grand jury packets... but it is worth a shot if you have a decent DA's office and the case is still moving forward.  If you cannot afford an attorney at this juncture, then you can request a court appointed attorney after you are formally charged.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption