R. Todd Bennett, P.C.
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Texas man will be re-tried for sexual assault

Everybody deserves their day in court. This adage reflects the constitutional guarantee to due process, a court trial and a capable defense when someone is charged with a crime. One Texas man who was convicted on criminal charges of sexual assault in 2003 is getting a new trial. The Texas Court of Criminal Appeals recently ruled that the man's defense was "deficient."

The Texas man was accused of assaulting a young girl who died while under his care. As a result of his conviction, he was sentenced to 60 years in prison. National media outlets have since picked up on the case to investigate the details.

The appeals court determined that the man did not get the defense he was entitled to when he was first tried for this crime. In the 2003 criminal case, medical experts were not called to testify on behalf of the accused. Had experts been called to the stand for the defendant, there is "reasonable probability" he would not have been convicted, according to the court's opinion.

Since the court overturned the previous, criminal prosecutors have announced that they will pursue criminal charges again on identical charges.

This man deserves a fair trial and adequate defense, no matter how difficult the details of the charges might be. A solid defense allows the criminal court system to work properly: innocent people should not be convicted and fair sentences should be handed down to those convicted.

Having a capable attorney on your side when you're accused of a crime is incredibly important, and this case is evidence of that. When your freedom is at risk due to pending criminal charges, of any nature, connecting with a trustworthy legal professional is almost always in your best interest.

Source: Amarillo Globe-News, "Sims: Will retry sex assault case," Bobby Cervantes, Jan. 26, 2012

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