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How do I get my husband out of jail and get his charges dropped of assault on a family member?

Houston, TX |

My husband and I were at home. We began to argue over him not having a job. Things got pretty bad like he broke the coffee table and yelled in my face. Well we had a room mate and I told her to call the cops and to come home. So she came home and the cops showed up like 2 seconds later. My husband left cuz he is already on state felony probation for theft. I kinda exargerated my story a little bit so he couldnt back to my home that night. I said he choked me. Well I wasn't really trying to use that exact words but the cop knew how to put words in my mouth and pressure me. The DA picked up the charges. A warrant came out for his arrest like couple of days later. I tried to call the DA to drop the charges but nobody will talk to me. The charge he has is assault on a family member.

My husband's mother has talked to a lawyer and he said in his file that he is being charged with assault on a family member who is pregnant. But I am not pregnant. I know I did not tell them I am pregnant. I told them we have a son but he is with his grandmother at the time. I live in Houston Tx. My husband is in Harris County Jail. If there is a lawyer that can help me but at a reasonable price, please let me know.

Attorney Answers 3

  1. You have no say in the matter once you make your complaint to the police. It is up to the prosecutor whether to drop or go forward with charges

  2. Listening to a lawyer who is not licensed in Texas who is "answering" a question of Texas law is not recommended. You have input in your husband's case, but it should be clear that you do not control the outcome. That is, you cannot just drop the charges. The State may eventually be persuaded that he did not in fact commit this crime. The problem for you is that "exaggerating" a story about a crime to the police is a criminal offense that you could be charged with. If you admit to the prosecutors or police that you lied at the time, they could charge you with an offense at that time or if you change your story when called to testify in court, you could be charged then. Your husband's lawyer may be able to convince them to dismiss the charge with your assistance, but I would suggest that you consider speaking to a local criminal defense attorney about the pitfalls of approaching the DA with the goal of correcting your story.

    (Your husband could be revoked on the state jail and sentenced up to the max based on the time he received at sentencing. This is somewhere between 6 months and 2 years and must be served day-for-day with no good time credit. If he is convicted of a first time offense of assault-family violence that does not involved any alleged restriction of your airway by chocking, then he could face up to one year of additional county jail time or up to 2 years of probation.)

  3. The victim services may be able to help you. Generally they are in close communication with the prosecutors. An affidavit of non-prosecution has successfully resolved a lot of my cases that were similar to yours. Although I always draft my own, I believe that the victim services also assists with these.