Could it be considered assault? Sure. Anyone can call the police and say they were assaulted; and a prosecutor could decide to charge someone based on the scenario you posted, however inequitable that would seem. It's important that you find a local defense lawyer to help your husband. Do not talk to the police without an attorney. You do not know what this girl said to the cops, and you do not know if the police already believe her.
You need a local defense lawyer to advise you. Every prosecutor is different. Some offer better deals before trial, some revoke all plea offers and get ready to try the case. It's very localized. If you are set for trial, you should have a lawyer assisting you. Ask your lawyer about her experiences with this prosecutor and what to expect.
Yes you need a lawyer. We have a lot of experience with CPS and understand what you are going through. CPS is going to bully you and push your around until you get a lawyer to help. That's what they do, take your children so you will sign whatever they put in front of you.
If the probation revocation has already happened you will need a lawyer who handles writs/appeals. Search Avvo for a writ/appeals lawyer and schedule a consultation. Hire the best lawyer you can afford. If your uncle is indigent, he may have been appointed a lawyer for appeal. Find out and contact that attorney to see what can be done.
First, you husband does not want to file his own appeal. That's a horrible idea. If he is indigent he should have a lawyer appointed to his appeal. If he does not have court appointed counsel he should apply for court appointed counsel immediately. If you are not satisfied with court appointed counsel then hire the best appellate lawyer you can afford.
Felony appeals are very difficult to win for the most experienced defense lawyers. Your husband has no chance of winning on appeal without a...
If you are facing a federal criminal case you need immediate legal assistance. Texas has an exclusionary rule (CCP 38.23) for illegally obtained evidence. The federal exclusionary rule is actually less robust than the State's. Find a local criminal lawyer, one with State and Federal experience. Ask if they can assist or research this issue for you.
It is possible to plead guilty and then appeal certain issues. Most often this happens when the defense files a motion to suppress, the judge overrules it, and the defendant pleads guilty without waiving your right to appeal. This allows the defendant to avoid the cost of trial, preserve the issue for appeal, and work out a plea bargain. The State may offer a better deal for avoiding trial (especially in a busy court), and encourage the defendant to give up his right to a jury trial.
It's not easy to overturn a conviction in Texas. Your only option at this point is going to be to file a Writ to challenge the conviction. You can't appeal something this old. You need a local lawyer who handles post conviction matters, and you should have an immigration lawyer to advise you on how this will affect your status.
Your friend needs a lawyer for the new charges, fighting those cases will help him with the parole hearing. If he has a blue warrant, then he can't get out of jail for a while, but he can start working on the new charges and have a lawyer start defending those so he doesn't end up with even more prison time than what he is already looking at
I am sorry to hear about your injuries and I hope you make a full recovery soon. The good news is that most local car accident lawyers (including our firm) offer free consultations. You don't have to let the insurance company take advantage of you. Hire a local attorney to negotiate on your behalf. If this was in Kaufman County then we can discuss the results of the last few car accidents trials. That's one advantage of a local firm, we understand the local justice system.