If an assault "victim" is not allowed to write her own police statement, was the arrest still lawful and can the charges stand?

Asked almost 2 years ago - Meridian, TX

The lady was not allowed to write her own statement because she speaks and writes only Spanish . Otherwise she is capable . Her daughter , who was not present , nor a witness was allowed to write her own version of the events and file the charges , which happen to be aggravated assault with a deadly weapon . Her story changed multiple times . . . When the charges were actually filed the only weaponry that was included in the statement was a plastic stick used to adjust mini blinds . A warrant was written , with a $ 50 , 000 bond included . A bail reduction was denied , and after 90 days in county jail , my husband has yet to be indicted . Is a no - bill from the Grand Jury a possibility ? What are the options if we believe this entire case was filed incorrectly and under false pretenses ?

Attorney answers (3)

  1. Evan Edward Pierce-Jones

    Contributor Level 18

    6

    Lawyers agree

    Answered . First of all, charges are not filed by private citizens. Prosecutors review cases and decide whether to prosecute in the trial court. For an aggravated assault to go forward, the grand jury would have to indict the defendant or the defendant give up the right to have the grand jury look at the case.

    More helpful to you may be the thing about 90 days in jail without being indicted. There is a law in Texas that in felony cases the State must be ready for trial of a jailed defendant within 90 days of jailing or the defendant gains a right to a bond that the defendant is able to make. Even if that means a PR bond. And that law applies to all felonies...even capital murder, murder, and aggravated assault.

    Some judges get confused about this law and don't apply it too well, and it is a pretty complicated law. If there are other charges holding a defendant that the time limits have not run out on, then the defendant still can't get bond this way.

    So, what to do? My suggestion is that the defendant needs to get a reputable criminal defense lawyer to take care of this for her.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes the arrest was lawful. Her daughter did not file the charges. The State filed the charges. It is not uncommon for the police to ask an English speaking family member to write out the vicitm's version of events if she is unable to. A no-bill may be a possibility. You should be talking to your husband's attorney about this possibility and what to expect from here.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. David Daniel White

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . If the case remain unindicted for longer than six months your attorney can alo ask the judge to dismiss the case.

    The Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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