About a month and a half ago, me and my fiancee got into a heated argument. Regretfully, I text my sister to call the cops because I thought he was going to leave with the kids. Cops came, he had left because he was simply scared. It was apparent that hands were put on me but I kept repeating it wasn't bad, I was in fear of him taking off with the kids out of spite. The questions they asked were weird and confusing. They asked if my breathing was OK during, I said no but due to crying. They asked if I was faint, I said yes but due to low blood sugar. They only wrote down about my blood sugar and now my fiancee has a warrant out for his arrest for family assault/impaired breathing or something a few days after we both talked to the detective. Which he told me, he was gonna drop the case, but then told my fiancee it wasn't up to him-- reason I have doubts on trusting or believing it now. Fast forward to this morning, cops came barging in my apartment to get him. fiancee is at work and the sergeant told me if i wanted it all dropped, we could that they "don't want to arrest anyone" that they need to call him though and the worst case scenario would be us both talking to a judge.
Your fiancee should hire a local criminal defense attorney and he should STOP talking to the detective.
When you say "it wasn't really that bad" that still sounds like an assault, if only a misdemeanor. The problem is that the easiest thing for the officer and the judge is to simply leave the felony warrant pending and let the prosecutor worry about whether or not to reduce it to a misdemeanor. And the problem with that is that your fiancee will have an arrest for a violent felony on his criminal history, which will impact the rest of his life and may permanently lower his income earning potential... among other problems. There may not be any way to fix this problem now but hiring a criminal defense attorney gives him the best chance.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
More than likely, the will press on with the charges. What they want to charge him with is a Felony Assault/Family Violence/impeding breath. 9.5 times out of 10 the Police in Houston/Harris County always side on the side of caution, around half the cases have real merit and the other half do not. The cops do not want the finger pointed at them that they are not taking care of women, therefore overdo almost everything in this scenario and reason that the lawyers and judges will figure it out. Even though you say you do not want to go forward, it is not your choice, whether the police continue and if the District Attorney picks up the case.
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