Legal Question in Criminal Law in Texas
Assault causing bodily injury
My husband has a charge of assault causing bodily injury to a family. It is set for pre-trial in a few weeks. I want to file an affidavit of non-prosecution with the DA's office. My question is should I go ahead and submit the affidavit or should I wait until my husband has an attorney? I am unsure what I should put in the affidavit. Also I would like to speak with the prosecutor to discuss my wishes for dropping this case. Is it wise to do that without an attorney? This case is three years old and my husband does not have an attorney. He will have to have a court appointed attorney due to his current financial situation. Any information would be greatly appreciated.
1 Answer from Attorneys
Re: Assault causing bodily injury
Family Violence Cases:
Because of power differential typically displayed in true domestic abuse situations, family violence cases have become cases of zero tolerance. Most attorneys, prosecutors and defense attorneys, recognize that it is very common for abused spouses to recant the allegations for various reasons. Therefore, most prosecutors will not dismiss a family violence case just upon the wishes of the �victim.� Therefore, if you are disputing the facts and circumstances of the assault or wish charges dropped for other mitigating factors, I would normally advise that all affidavits be given to defense counsel.
Most importantly, your affidavit could be used in court in future proceeding and must be truthful.
You should realize that domestic abuse is terribly damaging to you and your family. If you feel pressured to recant your allegations, you should know that dismissal of the case will probably only make things worse and could put you in danger's way.
You should seek the counseling services of a license professional and explore the issues that resulted in this case.
Best wishes.
JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER
WWW.JOHNTFLOYD.COM
Related Questions & Answers
-
Credit for time served My son is in county jail after violating terms of deferred... Asked 5/22/06, 6:51 pm in United States Texas Criminal Law
-
What burden of proof is needed to make an arrest? 1. What burden of proof is needed... Asked 5/21/06, 5:27 pm in United States Texas Criminal Law
-
Expundge an arrest record While in college my son was arrested for burgery of a... Asked 5/18/06, 11:47 am in United States Texas Criminal Law
-
Verbal assault and personal use of police equipment I have been involved in an... Asked 5/16/06, 7:33 pm in United States Texas Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
