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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19771
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I filed domestic abuse charges against my husband. In the

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I filed domestic abuse charges against my husband. In the State of Texas 2 or more are considered a felony. After sleeping on it for 3 days and advice from family and friends I should reduce to 1, however what kind of legal issues will I have to deal with?
My husband is on meds that make him crazy, I was hoping the courts would order classes, dr.s etc...not destroy his career because a dr cannot prescribe the correct meds.
BotXXXXX XXXXXne, what are my options to keep him from being a felon, and what will they do to me? I filed on Monday 8 counts, pics to back up and audio.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.
Hello,

At this point, other than convincing the State Prosecutor that you lied when you reported the abuse, there is nothing that you can do to keep your husband from being prosecuted. Of course, if you do say that you lied, then that would expose you to potential charges for filing false charges.

The way that criminal charges work is that all crimes are considered crimes against the State, even when they have victims. So once the State knows of them the Prosecutor is the one that decides what charges will go forward, assuming that it isn't a charge that needs a Grand Jury indictment.

What you can do is to speak to the Prosecutor who is assigned the case and tell them that you do not want to cooperate (if that is the case) or that you will be testifying as a mitigation witness for your husband on sentencing (if you will be.) That way, they can weigh your wishes against the evidence and make an informed decision about what charges to go forward on.

If the Prosecutor does go forward and you are subpoenaed to testify you must tell the truth and cannot refuse to testify unless the question is related to misconduct on your part. If you do not show up to court when subpoenaed, then the court will issue a warrant for your arrest for contempt of court. If you lie under oath, then that is, of course, perjury and a crime.
Customer: replied 6 years ago.

If I explain to prosecutor that his meds are making him this way, I already went to his church, his Dr and his Mom, I thought this was my last chance to get help...now it's going to cost him everything..make him have any sympathy or is failing to cooperate my only option?

 

Customer: replied 6 years ago.

If I explain to prosecutor that his meds are making him this way, I already went to his church, his Dr and his Mom, I thought this was my last chance to get help...now it's going to cost him everything..make him have any sympathy or is failing to cooperate my only option?

Also do my 19 year old twin sons have to answer questions because the police want to talk to them and I don't want them involved however they have been witnesses'

 

Expert:  Marsha411JD replied 6 years ago.
Hello again,

It certainly can't hurt to communicate with the Prosecutor to let them know that you think that there were extenuating circumstances and that you don't want his life ruined. They will take that into consideration. It is as important though that your husband hire an attorney to represent his interests and ensure that these issues are used in his defense or mitigation. His attorney will be his best chance to get the charges or punishment reduced.
Customer: replied 6 years ago.

they are trying to talk to my 19 yr old twins, do they have to speak to the police if they don't want to? They were witnesses.

Also what kind of attorney should we hire for him and will that attorney come after me since I'm the victim? or is he just interested in reducing charges?

Expert:  Marsha411JD replied 6 years ago.
Hello,

If your children were material witnesses, then they can eventually be compelled to give statements, either by subpoenas for deposition or for testimony at trial. It is up to them what they decided to do since they are adults. Your husband needs a criminal defense attorney, that attorney only represents the interests of your husband, so since you are the alleged victim, you are fair game should the attorney want to challenge your facts.What tactics they use is really a matter of what all the facts are and what the best strategy is. If the facts clearly support abuse, then the defense counsel usually doesn't bother the victim and instead just tries to focus on their client's past history and rehabilitative chances.
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