Charged with Family Violence/Assault on my property by someone who is neither my lover, family member or resident of my home

The first punch was thrown at me. I responded in self defense. This occurred on my property. He filed charges against me under Family Violence/Assault. I would like to know what to expect at the first appearance at court. For monetary reasons, I would like to refrain from retaining an attorney in hopes that the case will be thrown out. Any advice would be appreciated. - Is this your question? Add additional information
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Answers (3)

Okorie Okorocha

Okorie Okorocha Avvo Pro

Contributor Level 9
I would not refrain from hiring an attorney. I assume you do not qualify for a public defender? Either way, you must have an attorney represent you or you could end up in serious trouble if you try to handle this yourself.
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John M. Kaman

John M. Kaman

Contributor Level 10
I practice in CA not TX but most criminal procedures have common features. Your first appearance should be your arraignment. You will be informed of the charges against you and asked to enter a plea of guilty or not guilty (never enter a guilty plea at an arraignment). You will also be asked if you want to assert your speedy trial rights. If you say yes your case will proceed rapidly to trial. Many people say no, which is called waiving time, especially if they are out of custody.

You should discuss the implications of this with a TX lawyer; going it alone is very dangerous.
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Herman Martinez

Herman Martinez

Contributor Level 6
Typically, at a defendant's first appearance they are asked if they are represented by a lawyer. If not, the court will ask them if the wish time to hire an attorney. If not, they ask them if they wish to speak to one of the assistant district attorney's assigned to the court. They judge may allow you to do this after admonishing of the cosequences of proceeding in this manner. It is never advisable to represent yourself in a criminal proceeding where you are facing serious jail time. The prosecutor will not make a determination that first appearance, but will talk to you and possibly use anything you see against you at a later date.

You are presumed to be innocent. Therefore, you may have a trial to determine your innocence if the prosecutor decides not to dismiss your case. If you represent yourself you will be treated the same as a licensed lawyer.

Good luck
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