I was told that I choked my roommate and the cops were called. She isn't pressing charges but I was arrested and charged. I have no prior arrests of violence but I did have a dwi in 2003. Is it possible that the State of Texas will drop the charges after my roommate signs and affidavid stating she doesn't want to press charges. A guy had offered me a beer that was opened and I just thought he was being polite after drinking the beer, which I don't know if I finished it or not but I don't remember anything after drinking it or if I even finished it.
Where to start? 1) It is not your roommate's decision as to whether or not charges will be "pressed." It is up to her whether or not to cooperate with the investigators and prosecutors, but they will not drop the charges unless they feel that they have absolutely no other choice. That means that they will look for witnesses, physical evidence, video recordings, audio recordings, statements made to the cops (or what the cops say was said to them), and anything else they can think of. They will consider your prior DWI as an indication that you might have a problem with alcohol, and they will look hard at the possibility that that is what caused this incident.
2) Everyone is responsible for their actions and the results of their actions, and voluntary intoxication is not a legal defense. If you can prove that someone else drugged you, you might have something to work with, but that is probably going to be hard to prove.
3) The prosecutors are probably not going to believe the version of events that you have stated here.
4) No matter what, the prosecutors are going to want you to enter into a plea bargain, get counseling, etc. They will offer that and keep offering that before they would even consider dismissing the case.
5) You cannot try to influence your roommate's testimony or statements or dealings with the prosecutors and / or investigators, or you could be charged with witness tampering.
6) You need to consult a lawyer before doing anything else.
This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com
It is not clear from your question if you are also a woman. If you are, I believe you have a greater chance of a dismissal IF you can provide some evidence of being drugged. You should retain an attorney immediately and you should check into a hair analysis to determine if there were drugs in your system.
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