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I was arrested for domestic violence. I went to pick up my

daughter and my wife (...
I was arrested for domestic violence. I went to pick up my daughter and my wife ( seen to be ex-wife) attacked me. I defended myself, left out and I called the cops. The cops showed up, talked to her for 20 min and arrested me. I was the one who called the cops, and we both had marks on our body. Nothing happend to her. I live in Texas. Do I have any grounds for dismissal. Since I called the cops, I had cuts and marks on my body, and I was arrested, because I was a man. Shouldnt both of us went to jail??
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Answered in 7 minutes by:
5/2/2013
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Typically in a situation where there are mutual allegations of domestic violence and both parties show injuries the police will arrest and charge both parties and both parties will go to jail.

I understand that you currently are pro se. You should give strong consideration to hiring an experienced attorney. If you represent yourself and lose, there is no second chance to try you case again. If you do go pro se, you should obtain a copy, or subpoena to court a copy of your 911 call to submit as evidence that you are the one who reported the crime. You can argue that she fabricated her allegation to avoid arrest.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer reply replied 4 years ago


So, my primary question is, is there any legal grounds for dismissal. Like I stated before, my daughter was present, and from speaking to police officers who are friends, they agree it was easier for the police to take me to jail, because they would of had to find someone to care for my daugther if they would of took both of us to jail, and also I was not even questioned by the officers until I was in handcuffs and in the back of a police car, ( I can get video showing my questioning in the back of the squad car) and i was the one who reported the crime.

Unfortunately the fact that the police failed to file a cross complaint against your ex-wife does not provide grounds for you to have the matter dismissed pretrial. The fact that she lied to avoid being charged is a factor that should be argued the court or jury as a motive for her to lie both to police and when she testifies in court.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
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LegalEagle1
LegalEagle1
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Category: Criminal Law
Satisfied Customers: 795
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