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I am complaining witness in an assault with deadly weapon…

Customer Question
I am complaining witness...

I am complaining witness in an assault with deadly weapon case against my wife...she was arrested because I have a false statement to the police...should I go talk to the DA directly to tell them I made a false statment?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, but none give me a straight answer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Most just say that the DA won't believe me and that it will hurt the case if anything

Submitted: 9 months ago.Category: Criminal Law
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Answered in 1 minute by:
9/8/2017
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Customer reply replied 9 months ago
Okay thank you...
In my heart I feel I should go tell the truth but attorneys are telling me otherwise... I've hire attorneys in the past and it is hard to gauge whether their motivator is money so they don't get aggressive enough with a false statement accusation
Customer reply replied 9 months ago
They would rather we pay through the whole legal process instead of trying to get a precharge dismissal
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

Your question: should I go talk to the DA directly to tell them I made a false statment?

Answer:

This is something that you see a lot if you have a practice that involves family or criminal law. I agree with the other people who have told you that the DA is not likely to believe you and the problem is if he does believe you then you will get charged with either perjury or filing a false police report depending on exactly what has happened.

What you may want to consider doing is hiring a local lawyer to visit with the DA and, without using your name, see if the DA will agree to some type of plea bargain for you if the charges are dismissed against your wife. You can also have the attorney talk to your wife's attorney about a strategy where you testify that you tried to tell the DA and they would not listen to you. That only works if it is done exactly right.

I definitely would NOT recommend that speak to the DA without an attorney working on your behalf being involved because it could work out bad for both you and your wife.

I have seen a case where the spouse was convicted of the assault and then the complainant was charged with filing a false report. There are issues with that but it can still cause you a lot of problems.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 9 months ago
Why do the attorneys keep warning me of getting charged with false report? My false report charhe versus a felony charge for my wife who is an educator with a absolute clean background
Customer reply replied 9 months ago
I did wrong by lying amd got her into a lot of trouble....I should be charge with somwthing not her. She didn't do anything but get involved with a lying sociopath like me
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

The reason everyone warns about filing a false report is because some people don't realize they will get in trouble for it. As I mentioned above, depending on exactly how everything occurred it can be anything from a Class B Misdemeanor to a Felony. So advising you of that is making sure you realize that you can't go to the DA and if they believe you now expect to walk away with both of you having no consequences. Some years ago in Texas, filing a false report with the police was not a criminal charge and many people think that it still is not and there are even some internet site which try to explain why it is not a criminal offense. Unfortunately, the people who run those sites do not have a legal background and cannot read the statutes or do not have a current copy of the statutes because it is very definitely a crime.

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Customer reply replied 9 months ago
I will take the felony to clear her name...thats why I dont understand why this is difficult. It's like someone confessing to a murder and nobody believing them
Customer reply replied 9 months ago
I'm lost and my attorney just keeps telling me to be patient.
Were you an assistant DA?
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

No, I worked for the prosecution but I did hundreds of criminal defense cases all across the country.

The reason the DA doesn't always believe you is because so many people have changed their stories on domestic violence over the years and every DA knows of at lease one case where the person complained about domestic violence, then came in swearing it never happened, the case was dropped, and then that person was beaten severely or killed later. Of course, in Texas, DAs are elected and dropping a case against someone accused of spousal abuse and then later having them hurt or killed the other spouse can be used by their opponents in the next election.

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Customer reply replied 9 months ago
this is political system not justice system?
Customer reply replied 9 months ago
Okay I don't know what to do...
Nobody tells me why I should not tell the DA the truth
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

I explained above that if you are prepared for the consequences, hire a lawyer and tell them the truth. But, you don't want to openly go in and confess because the DA has no incentive to offer you anything but the maximum. The DA has to stand some risk of losing before they will make something other than a jail time offer.

So, to be clear, yes you should tell the DA the truth but you should do it through an attorney who can work out the plea deal for you so that you face the minimum that the DA is willing to offer as opposed to the maximum.

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Customer reply replied 9 months ago
Okay thank you sir. I appreciate the help. This is killing me and destroying my family.
Criminal Lawyer: Dwayne B., Lawyer replied 9 months ago

You are very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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