false sexual assault, how do I know if she has actually filed a case or not

[miguelg]

What is the name of your state? Texas

I went out with this girl for over 2 years, she came on real strong when I first met her. Slowly our relationship started to deteriorate, I went to her house about a month ago, we had sex, I never heard the word no and she didn't resist. I woke up in the morning about 6 hours later and I saw her outside talking to cops. The cops came to her door and came in and I when I asked them what was going on, they only said well what do you think is going on? I went to jail in my underwear, no shoes and so on and they kept me for over 5 hours without having any charges against me, they did not let me see a judge until the second day and my bond was posted at 10000. Ridiculous lawyer wants 15,000 retainer says he'll give some back if she doesn't file, won't tell me if she has filed or not until find money to give him happened 2 weeks ago.Is she actually filing charges? Can I find this out on my own? Or do I just abide by restraining order for 61 days? I think she never filed, but that the cops tried to scare me and manipulate her into filing.

Brief background on her, she was molested by father, was married to a guy for 9 years that slept with her only 3 times and dressed like a woman. Never met her parents, she talked really bad about them, I didn't want to meet them.

 

[Kane]

If you've posted bond, you've already been charged.

There are several steps in the prosecution of a felony case.

One step is getting arrested and charged. That's already happened to you.

Next a prosecutor will review the case and decie whether to present it to a grand jury. The grand jury will either find a "true bill," or a "no bill."

If they find a true bill, you'll be indicted. At that point you may be required to post a new bond, and you'll be given a regular court date. When you go to court, you'll need to have a lawyer. If you can't afford one (and the court agrees you can't afford one), one will be appointed.

You're free to hire a lawyer at any point in the process, but you're not required to have one until you go to court.

If it were me, I'd want one as soon as possible, and I'd want the best one I could afford.

Your friend does not get to decide whether you get indicted or whether the DA proceeds with the case. That's up to the prosecutor, and the grand jury.

"Pressing charges" is a popular term, but it means nothing, legally.

Of course they'll take what she says into account when they're deciding whether to indict you. She is - presumably - the only witness, and her cooperation will be very helpful if they want to ultimately prevail at trial. HOWEVER, they don't need her persmission, and they're free to proceed with the case, whether she wants them to or not.

In domestic violence cases, prosecutors routinely go forward, even against the strong objections of the victim.

There's no place you can call to find out if you're going to be indicted. Grand jury proceedings are secret. The prosecutor MAY be willing to talk to your lawyer, but he will not talk to you, and I would strongly advise you not to talk to him, even if he was willing.

Sometimes lawyers are able to help clients avoid indictment, if they're hired early enough in the process (depending on the strength of the state's case). If you are indicted, he may be able turn you in, or get a summons issued, so that you don't get arrested at your home.

However, he can't do anything, unless or until you hire him. A lawyer can't represent someone who is not his client.

If you don't want to pay $15K, talk to some more lawyers.

But don't do nothing, and don't become one of those people who waits until he's convicted before he tries to learn anything about the law.