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ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15573
Experience:  Licensed Texas General Practice Attorney
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My daughter in law put my son in jail for assault. She says

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My daughter in law put my son in jail for assault. She says the police told her she has to come to his preliminary hearing or they will arrest her. Is this true?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

That's likely. A preliminary hearing for a domestic dispute matter typically determines whether there is enough to charge / move forward with the case. Since she is probably the only witness and alleged victim in the case, she would be a material witness, and the police could seek a "bench warrant" for failing to testify.

ScottyMacEsq :

Note that it probably would not be an arrest warrant for an actual crime, but merely a warrant signed by a judge to arrest her and make her testify.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!


What if she goes to the preliminary and tells the truth, instead of all the lies she previously made up to get him arrested.

ScottyMacEsq :

Then assuming that would negate their case, the case against him would probably be dismissed, although she could then be charged for making a false statement to the police.

ScottyMacEsq :

(potentially, depending on the facts)

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