Legal Question in Criminal Law in Texas

A charge of (assault bodily injury domestic family member). Two sisters had an argument n one of them called the cops when she was hit by the other. No weapon or anything like that. The sister that called the cops wants to drop the charges but the state of texas took up the case against the other sister. Court date is set for about two weeks from now. My question is: 1) Does she need a lawyer? and 2) What would be a likely outcome in this case? She is 31 and never been in trouble for anything all her life.


Asked on 2/07/11, 9:32 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

She needs a lawyer to help her try to get the situation dismissed. Because they are adults, the state is treating it differently than if they were kids - which is expected.

Just because the complainant wants to drop the charges does not mean that they will be dropped. In Harris County, for example, they will not drop anything if they do not absolutely haf to drom them.

The likely outcome is that they will offer her a probation in the case. Be aware that if she takes a probation, the case will remain on her record indefinitely - it cannot be sealed or expunged. And, if she has another assault on a family member in the future, it would automatically be a felony.

She needs to lawyer up.

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Answered on 2/18/11, 2:20 pm


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