Beaumont, TX asked in Criminal Law and Federal Crimes for Texas

Q: In Texas does the defendant need to be in the same county as the arrest has taken place?

I was arrested for online solicitation of a minor under 14 in a police sting. The communication was taking place on a app and I was in Harris county and the officers were Montgomery county, there was a meet setup and the meet up was in montgomery county and that was where i was arrested. In 2008 a assistant DA drop over 20 cases due to lack of evidence and stated that the communication did not take place in the same county as the arresting county

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2 Lawyer Answers
Penny Wymyczak-White
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Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Harris county could arrest you if Montgomery does not prosecute.

John Cucci Jr. agrees with this answer

John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Your question leaves out some possible scenarios. Sometimes all the actions of the defendant must occur in the same county. There are also possible crimes, including solicitation, that can result in a conviction, even if one of the elements or other actions of the defendant do not occur in the same county. And remember, there is always the potential for a Federal prosecution on all sorts of sex crimes involving minors.

I hope this helps.

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