Male : ASST DAM / HOS MEN I . Victim wants charges dropped . Does posting bail improve chances for dismissal or parole ?

Attorney answers (3)

1. Licensed in TX

   

   Evan Pierce-Jones

   San Angelo Criminal Defense Attorney

   Contributor Level 17

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   Answered February 13, 2013 08:37. This is a job for a criminal defense lawyer. The defendant in a criminal case rarely has enough credibility with a prosecutor to get anywhere with arguments that an error was made.

   Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... moreAnswers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing. less

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2. Licensed in TX

   

   Macy JaggersPro

   Dallas Criminal Defense Attorney

   Contributor Level 19

   

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   Answered February 13, 2013 10:02. Possibly. There are about ten different ways this could work out. You need an experienced attorney to handle this for you.

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3. Licensed in TX

   

   Katherine ShipmanPro

   Conroe Criminal Defense Attorney

   Contributor Level 11

   

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   Answered February 13, 2013 13:34. It is certainly possible. The better question is, "Is it likely?" Once the police are involved, and someone is arrested, it's important to remember that it isn't "Jane Doe vs. John Doe." It is "The State of Texas vs. John Doe." The prosecutor has the discretion to pursue the charges, even if the complainant/victim wants them dropped. You have not given enough facts to answer definitively whether posting bail will increase the chances of the charges being dropped. Remember that the Court or a Magistrate can sign an order of protection (or assign conditions of bond) that may prevent the male from returning to his home or having any contact with the female for several weeks. However, in many larger jurisdictions, posting bond will allow the male's attorney to thoroughly investigate the case and jump through the hoops required by many DA's before dismissing a case involving family violence.
   
   The most important thing to remember is this: Assault - Family Violence is a unique class of offense that has a special set of consequences. If the male pleads guilty, just to get out of jail sooner, then if he is ever charged with Assault-FV a second time, it can be filed as a third degree felony. And THAT case could be enhanced because of his previous felony conviction.
   
   There are many issues (and pitfalls) with representing yourself in a case like this. Get your loved one a competent criminal defense attorney. There's too much at stake not to.

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