What to do when you are falsely being accused for family violence and they have already issued a warrant for their arrest?

Asked about 2 years ago - Humble, TX

How can my friend prove his innocence, when he is being falsely accused by his ex wife of domestic violence, when at that time of the suppose incident they werent even living together, but somehow she has proven evidence to make it a 3rd degree felony and have a warrant out for his arrest. This suppose incidient happened a year ago, but she brought it up to the authorities now that he has filed a divorce, how can prove himself with no evidence?

Attorney answers (2)

  1. Lucio Antonio Montes

    Contributor Level 13

    Answered . He needs to hire an attorney immediately. A criminal defense attorney will discuss how and why the State has charged your friend with a 3rd degree felony. No attorney can make a good assessment of the case based on the limitations of what you should disclose on this site. At minimum, any defense attorney would have to view the State's file, interview your friend, and gather other data to more accurately and objectively advise your friend.
    The State does not have to charge an individual immediately. There is always the possibility that your friend had a warrant out for his arrest a year ago and the police just never picked him up. There might be pictures, witness statements, 911 call, etc... that you are not aware of without viewing the evidence that the State has to continue the prosecution. The possibilities are to many and that is why your friend must hire a competent criminal defense attorney along with a competent divorce attorney.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not... more
  2. Hillary Johns

    Contributor Level 19


    Lawyer agrees

    Answered . Hire a lawyer. Don't post facts that could incriminate your friend on Avvo.

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