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Texas criminal law/family law

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Texas criminal law/family law
Submitted: 9 months ago.Category: Criminal Law
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Answered in 3 minutes by:
11/18/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,913
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please provide some details and ask your question so that I can see if I can be of assistance.

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Customer reply replied 9 months ago
Hi I'm sorry I didn't provide more for you to start with. My husband and I were separated several months ago and I filed sexual assault charges against him for an incident we had. The charges stuck and the investigator obtained a warrant for his arrest. I was able to obtain a restraining order.We have since been in the process of reconciling and rebuilding our marriage. However the investigator said it's too late to retract the warrant and it's now going to grand jury. I spoke with District Atty's office about dropping charges via affidavit but was reminded DA could still go after husband for the charges.What's the best way to prevent/stop/cancel this? I feel like speaking to the grand jury would be helpful but I don't know if they'll give me the chance. Is there a certain order things should be done to be more effective
Customer reply replied 9 months ago
The restraining order has since been commuted to civil instead of criminal at our original hearing but I still want to cancel that as well.
Customer reply replied 9 months ago
I have a family friend who's a pastor who's willing to be a character witness for my husband as to his changes and correction in attitude. We plan to get to counseling as soon as my husband returns...he's out of state at the moment. I think this may help with the decision of the grand jury to no bill, if I get the chance to appear. But I don't know how to stop the DA.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

You can't stop the DA, as unfortunately, the case no longer belongs to you. It belongs to the state.

Does your husband have a lawyer yet? You should discuss this with his lawyer and ask how you can help him get this case no true billed. Typically, if the facts of the case aren't all that serious and the DA knows he has a reluctant complainant and a defense lawyer who's holding her hand, something other than an indictment can be worked out.

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Customer reply replied 9 months ago
I'm hoping having my husband back home again, getting his bond posted, living together, going to counseling, dropping the charges against him, having the character witness will be strong enough to dissuade the DA but I don't know.When I went in for my interview with the investigator I took a recording with me of my estranged husband apologizing for the rape. The investigator has that recording. Though the investigator did not tape my interview with the investigator (he thought he was) due to a tape malfunction at the police department. He informed me of this when I went back in for 2nd interview
Customer reply replied 9 months ago
No he doesn't have a defense lawyer
Customer reply replied 9 months ago
Does the 'no true bill" happen before or during grand jury? Are we in a time crunch? Investigator told me last week he's ready to send the case up
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months ago

A no true bill happens once the grand jury hears the evidence the DA has and decides it doesn't make out the charges.

He needs a lawyer more than he needs anything else right now because once he's come back and he's arrested on the warrant, there will be a no-contact order against him, and you're not going to be able to see him. Also, you don't want him to come back to an indictment if the process can be delayed for a pre-indictment resolution of the case. A lawyer can delay the grand jury process. You can't.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 9 months 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.

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