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I was arrested for domestic violence because a friend of mine was drunk and hit herself up side the head and was bleeding

Plainview, TX |

she got out the suv and starting walking and i told her to get back in the suv because she didnt need to be walking and pi for drinking but once she didnt i got out and went to her and told her to come back n get in the truck so we could go home which she got mad and tried to hit me with her purse and stuck herself up side the head. someone supposely called the police and said we was fighting and they took me to jail. she did a statement saying exactly what happen and had it notorized but they are still trying to take me the court on this plus my lawyer is trying to get me to plea bargain for probation already knowing im on parole already when he knows im not guilty. this happen on june 7.2012 and now it march 2013. no witness or nothing so what is really going on here. seeker help quickly

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Attorney answers 3


I am guessing you have an appointed attorney. Hiring private counsel in domestic violence cases is a world of difference. Private counsel would take the time to do full discovery. In many DV cases, the victim witness is non-compliant or uncooperative and your lawyer can use that to your advantage. Also, a recorded statement from the victim would be key in your case. If I were your lawyer, I would interview the victim (if she was willing) on a video recording and forward to the prosecutor. This is a strong statement about the case.

If the victim's testimony exonerates you, then you have a good chance at a trial victory. However, I have no idea the terms of your parole or your previous history here. That could be a major consideration. Hire private counsel.


Because you already have an attorney, it may be best for you to address the concerns of your case with him first.

Despite your attorney trying to get you to plea bargain, it is your case and your life and if you want to exercise your right of a trial by jury, then he must respect that even if he doesn't agree with it. But if you and your attorney cannot agree to a plan for your defense, then you should hire another attorney.


You really do need to talk all this over with your attorney.

Which way to go with an assault case where the defendant is on parole is a question that demands careful consideration taking into account all the circumstances. It's something you might want to get a second opinion about at some point. However, no lawyer on avvo will have a full enough picture of your situation to give you anything but a blind guess about which way to go with your own case.

Answers 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.

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