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Domestic Assault charge

Copperas Cove, TX |

I was arrested for domestic assault of a family member, but it was not true at all. There were numerous domestic violence calls to our home over the 10 years we were together, and there are police reports, all concerning him. After taking years of this, I end up the one arrested. He was drunk and had tore up several items in our home and I called the police. He lied so I went to jail, after he ran outside and got the police to come back after they were about to leave. They had already said if they had to come back someone would go to jail. My question is now that he is a "victim" to the state of texas, does he have a say in the plea barganing process?? Also what does it mean if the plea offered was "dismissal for counseling or in return for a plea in a companion case"?

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Attorney answers 3

Posted

I assume you have an attorney. If so, the best person to ask about the status of your case is your attorney. If you don't have an attorney, hire one immediately. If you can't afford an attorney, ask the court to appoint you an attorney. Don't talk about this matter to anyone except your attorney (definitely don't talk about this matter with your family member). If the case is weak, an experienced attorney will be able to fight this case. Best of luck.

Posted

I see it happen too often that the victim is the one arrested. Yes the complaining witness does have a say in the disposition of the case. How much of a say is up to the DA. When I have a case with facts like yours, I always get them dismissed. The offer sounds good in terms of the dismissal part. They just want to have you go to a family violence center to be counseled as a victim. I'm concerned about the plea to a companion case, because you haven't mentioned one. I have no idea if this is a good offer. With regards to the other case.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Posted

He does have the right to informed of the proposed plea bargain. He could call and let the victim coordinator and tell them what he would like to see happen. In cases of domestic violence the state will offer a dismissal if you attend counseling. If you have more than one case and you plead to one the state can dismiss the other.

Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.

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