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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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Domestic violence charge : No.. : No : No i havent contacted

Customer Question

Domestic violence charge
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No..
JA: Huh?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: No i havent contacted a lawyer. But i need to because i believe my husband was wrongly charged.
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

Hello. I'll be happy to assist you.

I understand your situation. How can I help you?

Customer: replied 6 months ago.
my husband and i got into a verbal argument. Which lead to him breaking things and throwing things across the room. Which i was not it the room when those actions took place. Our neighbors called the cops and he was arrested on a domestic violence charge. I have never found a reason to be afraid of my husband. And i didnt find a reason to be afraid of him when the incdent occured. I was not in the room and he was not throwing things at me. He was taking his frustration at in a wrongful manner. What can i do to have these charges dismissed.
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

Did you tell the officers that he hit you, or hurt you in any way? Did you give any statement to them? If so, what did you say?

Customer: replied 6 months ago.
I did not tell them that he hit me or anything, i wrote a statement saying that he was throwing things but didnt include that i had no fear of him and was not in the same room.
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

OK. There are a few things you can do.

First, go to the police and tell them that you want to add to your statement, and then include the part about you not being in the room. Second, go to the DA"s office and tell them that you want to drop charges (they may ask you to complete an affidavit of non-prosecution). Keep in mind that the DA doesn't have to drop charges just because you ask to, but it's usually a consideration. Third, go to your husband's lawyer (if he has one already) and tell them the same story, and that you've already visited the police and DA.

Customer: replied 6 months ago.
Im not pressing the charges. I didnt call the police my neighbors did. The police are pressing the charges.
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

I understand that, but you can still tell the DA that you would like charges dropped. They will take that into consideration since you are the "victim."

Customer: replied 6 months ago.
My dad said i need to talk to the DA before they set his bond, is this true?
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

Yes. Like I said above, you need to talk to the DA and tell them you want to drop charges. It may get the case dropped now. I doubt, however, that it will reduce his bond since the judge sets the bond and they usually have standard amounts they use for every charge.

Customer: replied 6 months ago.
This would be his first charge and he has no past history of being in trouble. If the charges are dropped why would there still be a bond? Would it be smart of me to write at a statement for the DA when i go to speak with him.
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

If they are dropped, there won't be a bond.

It can't hurt to write out the statement. It isn't necessary, but if it will make you feel more comfortable, I see no issue with it.

Customer: replied 6 months ago.
Okay is the DA going to be there at this time of night? Or would i need to wait to morning?
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

You'd have to wait until the morning. The DA's office is only open 8-5. You need to go to the police tomorrow, as well.

Customer: replied 6 months ago.
i was reading that because my statement doesnt say that i am not afraid of him nor was i then that they can still use it against him? Im not sure if thats accurate. Im sorry for so many questions my husband and i arent usually ones for getting involved with the law.
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

It is really important to clear up those facts - that you weren't in the room and that you didn't fear for your safety. In most cases like this, the police just arrest someone to calm things down. Unless someone is injured, DA's don't typically hold on tight to cases like this. That's just been my experience.

I hope that answers your question. If so, please remember to "Rate" my answer before you go.

Customer: replied 6 months ago.
One more question? Our daughter was home but she was in the other room will that make a difference?
Expert:  TexCrimLawyer, J.D. replied 6 months ago.

It shouldn't. It's not a crime to throw your own things in your own house, so long as you aren't throwing them at someone else. It's also not a crime to get angry.

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