How to dismiss an assault causes bodily injury family violence charge? 2 Answers as of November 30, 2010

I have an assault that causes bodily injury and family violence charge. I want to know how this can be cleared. My first court date is coming in a few weeks. This is my first brush with the law. I am currently on bail. The complainant is willing to help me to remove the charges.

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Reeves Law Firm, P.C. | Roy L. Reeves
There are things that you can do, the first thing I need to know is if you have a lawyer hired or appointed already. If so, you need to talk to him/her.

Second, if you do not have a lawyer already, where are the charges pending?

Assault with Family Violence is a tough charge to beat in certain jurisdictions because the DA sets the standards. In other jurisdictions, the DA policy may vary - in fact, I know of one county that will automatically offer deferred for a first charge just to move these - they reason that if you are in fact a violent offender, you will be back and the conviction will be adjudicated, but if this was a unique situation or misunderstanding - you will complete deferred and be discharged, you can then have the record ordered non-disclosed and move on with your life. Some Counties, though they are becoming more and more rare, will simply dismiss if the alleged victim is uncooperative, or signs an affidavit of non-prosecution. Other Counties, will ask for the ANP that they have written to implicate you, still others will threaten the complainant with criminal charges (False Report) or subpoena her to court anyway because the DA's Office policy is to never let go of AFV cases (there is a way to deal with this situation as well, so do not dispair until you have spoken with a lawyer familiar with your jurisdiction.

If this occurred in Collin County and you do not have a lawyer already, I would be happy to meet with you and discuss your particular options and how to deal with the DA here.

Whatever you do or decide, keep in mind, the District Attorney is NOT your friend and he or she is NOT on your side. They do not care about your version of the facts, like the cops, they have made up their minds you are guilty. If the cop did not make up his mind you did it, you would not have been arrested. If the DA did not make up their mind you are guilty, you would not have been charged. So always remember, the person at the Courthouse who controls your fate at this moment, has already decided you are in fact guilty. He or she is not there to help you. Hire a lawyer.
Answer Applies to: Texas
Replied: 11/30/2010
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