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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26753
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a texas judge set aside a family violence deferred

Customer Question

can a texas judge set aside a family violence deferred adjudication?
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.
Customer: has it ever been done??
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: i am the victim of the crime my husband got on crystal meth and it was the meth not my husband and i have been offered a job in a different town and i want to talk to the judge to see if she will set it aside small town
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 year ago.

How long has your husband been on supervision? How much more time does he have to serve on supervision?

Expert:  Zoey_ JD replied 1 year ago.

I was hoping to hear from you before typing an answer, but I will reply to you now. If it doesn't address what you wanted to know, then please reply here on this question thread with a follow up and I'll be happy to expand my answer.

The judge DOES have the discretion to set this case aside in the interest of justice if he wishes to do so. How likely it would be is another matter. As it is a domestic violence case, you could expect opposition from the prosecutor's office and without a compelling reason for the judge to go against the prosecutor's wishes he will be hard pressed to do this.

The fact that you're moving out of state and that any further possible violence won't be Texas's problem may be helpful to your cause, but basically both the court and the prosecutor will want to know that controls are in place so that you're not at risk if they dismiss this case.

It would be a good idea to get a local lawyer to assist you in bringing this matter to the court's attention.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.