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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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My husband was assaulted two days ago and we haven't give a

Customer Question

my husband was assaulted two days ago and we haven't give a police report yet because we wanted to speak with our lawyer before doing so. would this look bad for his case to wait to file a police report?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: texas, happened on saturday around 1 am
JA: Have you talked to a lawyer yet?
Customer: yes but we can't meet with him until monday
JA: What advice did they give you?
Customer: they said to wait to give our statement but i just want to know if the "waiting" part would look bad for my husband
JA: Anything else you think the lawyer should know?
Customer: the other party has already spoken to the police and gave their report
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: 3 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 3 months ago.

Welcome to

As I understand it your husband was involved in an altercation early Saturday morning?

Customer: replied 3 months ago.
Expert:  Legal-Guru replied 3 months ago.

Alright, I can help you with this. Who called the police initially?

Customer: replied 3 months ago.
the neighbors and people watching
Expert:  Legal-Guru replied 3 months ago.

Did the police respond? If so what happened when they did?

Customer: replied 3 months ago.
they came to our house but we are at the hospital. and there were officers at the hospital but my husband couldn't give a statement at the time since he was under a sedative.
Expert:  Legal-Guru replied 3 months ago.

Ok, I'm sorry that happened to him. Normally if you are the victim of a crime and did not commit any criminal act there is no reason not to make a report to the police. However, if there is a dispute over who started the altercation or whether your husband acted in self-defense or not it would be wise to speak with your lawyer first. The charging decision will be made by the DA based upon the evidence so although it is unusual for a victim not to want to speak to police until consulting with their attorney, it is not unheard of & will likely have little or no affect, on the ultimate charging decision.

Since we are now more than 24 hours removed from the incident I would go ahead and visit with your attorney first before meeting with the detective. It may be possible to meet with your attorney tomorrow morning and the detective in the afternoon. After hearing you and your husband's description of events your lawyer can give you advice on whether he/she should be present for the interview. If there is no chance of criminal liability for your husband, that is usually not necessary.

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