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I was arrested 1/18/2018 for aggravated assault w/a deadly…

I was arrested 1/18/2018 for...
I was arrested 1/18/2018 for aggravated assault w/a deadly weapon after some kids were in our garage the night of 12/18/2017 and my wife pulled a gun on them. I chased them and they went home & lied to their parents who called the police. The detective refused to talk to me & my wife about the issue with our lawyer and instead called my attorney ex-wife who I am involved in a custody battle in the same county. She told him (falsely) that I was going to leave Texas so several US marshalls arrested me and I had a $100k bond. My attorney and I had prepared a grand jury packet but I learned today that I was already indicted. Aren't I entitled to notice? I feel this case has gotten railroaded by some unseen hands and I'm trying to make sense of how this happened. Please explain how I got indicted w/out anyone even asking me and my wife our side. I understand probable cause is a low standard but I am a professional and I cannot work until this is cleared. Please help
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Answered in 12 minutes by:
3/8/2018
LegalDan
LegalDan, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help you - What were the kids doing in the garage? Was anything taken? Were you able to talk to the detective during the investigation at all?

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Customer reply replied 4 months ago
The detective told my attorney he had enough for a warrant and he was going to go get one. We were setting up a meeting time & date prior to him saying that. My attorney did not want us to talk to him at first but since I am a doctor I wanted to avoid an arrest. My attorney then told me that I was going to do the "walk though" arrest and probably be released on my own recognizance. However, I was arrested at gunpoint by several US marshals and given a 100k bond. I have no idea why the kids were in there. Yes my sunglasses and my old wallet were missing out of my vehicle but I didn't know that until a few days later.
Customer reply replied 4 months ago
Are you familiar with texas law?

Yes I am familiar - The answer to your question is the prosecutor has every right to indict your case without notifying you or your attorney. Also, you are not allowed to present evidence at a grand jury proceeding. It is very odd that you were arrested when it seems like you were the victim of a burglary and you had every right to defend yourself and your property. It sounds like your attorney will be able to file multiple motions, the first of which would be a motion to dismiss based on falsified grand jury testimony.

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I wish I had better news for you, but it does sound like you will have multiple defenses to this charge - I wish you all the best and hope I answered your question - can you please rate me with 5 stars

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Customer reply replied 4 months ago
The live phone call function won't go through

I'm sorry, can you please rate my answer with 5 stars

LegalDan
LegalDan, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
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