Legal Question in Criminal Law in Texas

Dismissing an indictment before trial

Long story short:

My wife and I were having an argument and the cops showed up at our door. The cops did not witness any problem, but since my wife was upset very I was arrested for ''Assault Family Violence'' Class A Misdemeanor. Two months later, I got a letter letting me know that the State had charged me. My wife did not press charges, but the State did. After my first appearance I submitted a motion for discovery and all the State showed was the police report and my wife's Affidavit of non-prosecution. The State did not show other evidence or witnesses (since there are non). They did not even list my wife as a witness. After the DA showed me their records (after the motion for Discovery was approved) they offered me six months deferred adjudication and no fine, which I think shows how weak their case is. Are there grounds for a motion to quash or to dismiss that I can submit to try to get this over before trial or do I have to wait until a trial date is set and go through with it?


Asked on 5/19/09, 12:02 am

3 Answers from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Dismissing an indictment before trial

To quote someone else, "He who represents himself has a fool for a lawyer." While your wife does not want to prosecute, does not mean the prosecutors will give in and not try the case. They probably have a 911 tape, they plan to use, plus what was said to the officers after they arrived and what bruises or injuries did your wife point out to them. On the other hand, they may dismiss the case on the day of trial, but if it were me, I would hire a criminal defense attorney, I believe you may find it will be worth the money, but you are an adult and can do whatever you want. However, no there is no motion for you to file.

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Answered on 5/19/09, 12:29 am
Edgardo Baez The Baez Law Firm, P.C.

Re: Dismissing an indictment before trial

If you are asking those questions, you need to get an attorney.

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Answered on 5/19/09, 8:28 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Dismissing an indictment before trial

Based on what you have written, the prosecution does not have to dismiss the case if the prosecution has a good-faith belief that a crime has been committed. Additionally, there are collateral effects for an individual who takes a deal on a family violence charge. As you are asking these types of questions, you may want to consider hiring an attorney to represent you in your case. If my law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for a consultation.

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Answered on 5/19/09, 9:26 am


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