Legal Question in Criminal Law in Texas

Filing Charges
Recently, a family relative got in a fist fight with his brother, they were both at fault. The next week after the fight one went to the County Court House and filed assault charges against the other, unexpectedly. The charges he filed were obviously exagerated and in most cases not true. But, the Assistant DA took the charges and an arrest warrant was issued. All the witnesses say the one that filed the charges was more involved in egging the fight on than the other. The one that filed the charges has had an arrest record for failure to pay child support, possession of controlled substance and so on. Why would the Assistant DA take these charges just based on his word and not checking out the validity and reputation of the one making the charges? Can someone just arbitrarily go to the Court House and say whatever and the other person would have to prove his innocence? What recourse does he have? Should't it be a criminal offence to make false charges? Unfortunately the defendant in this case has to put out a great deal of pocket expense for a lawyer, etc. Is this fair?

Asked on 2/11/04, 3:41 pm

John Armstrong The Law Office of John W. Armstrong

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Re: Filing Charges

No it is not fair. And, yes it has been my experience that anyone can go and file charges on someone.

Answered on 2/11/04, 6:18 pm

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