How can I fill an affidavid of non prosecution in Bexar County?

Asked over 4 years ago - San Antonio, TX

My partner was arrested and charged with assualt BI-FV-enhanced. Cop claims he saw her hitting me in the car. When in actuality she was upset by the coming of her late mother's b-day and was crying and screaming while driving. I took it upon myself to pull the keys out of the ignition and take control of the situation. We were struggling over the keys when the cop saw us. He then stated she was hitiing me and that they saw her. I pleaded with them that it was just a misunderstanding...of course because she has a class C mis for bodily injury from 71/2 years ago they took her in. Don't I have rights? I need help trying to get this ridiculous charge dropped. there has been no incident whatsoever in over 7 years. Now she is charged with a felony? I think we need a lawyer but where do I start.

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . She is charged with a felony as a result of that prior Class C misdmeanor. Do not worry about filing an affidavit of non prosecution at this point. Help her get a lawyer and work with that lawyer. If there becomes a conflict of interest, then the lawyer can tell you so. At this point, you would have to work with the prosecutors to file the affidavit.

    Check out the Texas Criminal Defense Lawyers Assocation site here:

    You can fill out the form and that should get you started in finding a local criminal defense lawyer for your partner.

  2. Carmine John Giardino

    Contributor Level 14

    Answered . Most lawyers know how to draft an affidavit of non-prosecution. Please understand that even if an affidavit is filed, it doesn't mean the charges have to be dropped. The state can proceed regardless. That's why you should hire a lawyer to assist you. Call me if you need my help.

  3. Judith Michael Fouladi

    Contributor Level 14

    Answered . You can do an on-line search for criminal defense attorneys in your area, or contact your county bar association - they'll have an attny referral service.

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