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Can a case be dismissed on a first offense?

Houston, TX |

friend of mine has never been arrested in her life or commited any crime left home to go pick husband and his bag in the gas station parking lot less then 1 minute away from home 6 month old baby was asleep at home oldest came home knocking on door no answer heard baby crying panicked not knowing if anything happened to mom because it was unusual for no one not to be home and let the baby cry she called emergency to help mom and step dad came less then 20 minutes right when emergency response got into the home and retrieved the baby from her bed and arrested both mom and step dad...what can they do?

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Attorney answers 3


Sure it might be dismissed. It might also be a good case to present to a grand jury. You need someone who has dealt with these issues in the past and who can put together a good investigation/presentation to focus on the real issues (length of time, surrounding dangers, etc.). It will also be affected by which prosecutor you are dealing with.

*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell)


This is a very serious offense. She needs an attorney experienced with handling felonies. Her attorney may be able to prevent an indictment. That would be the best possible result. If not, he can do damage control to prevent a conviction and get her back to a clean record.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


Having taken several of these cases to trial I am familiar with these types of cases. There are many ways these cases are resolved. However, every scenario begins with hiring a good defense attorney with experience. A good defense attorney will investigate the case early, and like Mr. Peebles posted, try to stop this case in the Grand Jury. As a former prosecutor I presented countless cases to the Grand Jury. If the Grand Jury no bills your case the case is over. If the Grand Jury does apporve the case you will still need an experienced defense attorney to either work the case out before trial or take it to trial and have the jury find you not guilty. Many Houston attorneys, including myself, offer free consultations. Good Luck.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

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