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move forward with formally charging the accused. o In large metropolitan areas, a defendant may have
This is called an indictment. If the Grand Jury to wait approximately 15 months to 24 months
finds that there is insufficient probable cause, this to await a trial.
is known as a “No Bill”. In most cases, the DA’s o If the defendant receives a “Guilty” verdict, he
office will only present their side of the case to the faces 2-99 years depending on the elements of the
Grand Jury. However, there are a few ADAs who crime they are charged with. In this case of Dr.
are willing to provide the Defense’s findings and Pearson faced 2-20 years for Indecency,
evidence to date. A defense attorney makes a 21.11(a)(1) TX Penal Code. The State of Texas
difficult decision to provide that information to requires most convicted sex offenders to register
the ADA for presentation to the Grand Jury as a “Sex Offender”. This report is conducted
because they are giving away almost all their annually at their local city police department. The
defense strategy. The prosecutors will often use sex offender will be restricted from living near
that information to prepare to argue against it in schools or churches where children attend
trial if they know the information up front. (municipal law) and will be restricted from being
o Once the indictment is announced, the around any child unsupervised. This restriction
information is up for public consumption. There will also require that they be not permitted to be
are many database companies that purchase court employed in certain places that are frequented by
information and indictments are usually part of children nor be permitted to be a volunteer for
that data. any organization where children participate.
o Employers may conduct random database o If the defendant receives a “Not Guilty” verdict,
searches, commonly called background searches. he must complete all steps in closing the DFPS
This writer had a different client who was (Child Protective Services) case and requirements.
victimized because of this practice. He never He must also get a certified copy of the verdict to
notified his employer of the arrest because his the State licensing entity if they were notified of
attorney arranged a walk-through to surrender the arrest. The defendant must then attempt to
the defendant to the court and provide a bond. get the message out to all their employers,
He knew he was innocent and felt certain the customers/clients, family, friends, church, and
findings would render him “Not Guilty”. It never other social circles of their “Not Guilty” verdict.
crossed his mind to inform his employer in the The falsely accused must do everything to
insurance sales industry. He was a director at the conduct damage control regarding their character
insurance company and suddenly found himself assassination via social media, local news, and
unemployed and “black-balled” in the industry. other media outlets.
This individual lost his home forcing his teenage
children to move from their high schools. In this case, after his acquittal, Dr. Pearson continued
o Plea Bargain: a plea bargain is a contract between to practice as a Pediatric Dentist after this investigator
the prosecutor and the defendant. If he/she went to Austin to help defend his license to practice.
chooses to accept one, they will be pleading guilty However, many of his patients were fearful that the
to the charge or a lesser charge. They agree to a charges could be true and did not want to subject their
prearranged punishment, which may include children to a suspected pedophile. Some of the Dr.’s
prison time, probation, or both. Plea bargain patients moved on to another dentist. Due to the loss of
arrangements deny the defendant an appeal income, Dr. Pearson had to sell his home to prevent
process. The guilty rumors can spread foreclosure. The breach in the relationship with his son
dramatically. Some defendants do accept plea may never be repaired as it was difficult for his son to
bargains even if they are innocent because they believe that his mother and sister could possibly lie
are too fearful of going to prison and what all that about such a horrendous crime. The daughter, who was
entails. This writer used to believe that no the pawn used by the mother to orchestrate the
innocent person would ever plead guilty to allegation, may have a difficult time ever having a
something if they were innocent, however, this proper relationship with her father. Any child
has been proven to be wrong. psychologist will agree that the children will suffer
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