What can I do to help clear my husband name after false information with intent to incriminate was given to police? 1 Answers as of June 02, 2011My husband and I had an altercation about 6 months ago. I was very intoxicated and was getting physical with him. In an attempt to protect him he held me down. When I tried to get up I busted my lip on his shoulder. He tried to just leave the situation but I his keys. He then called the police and when they arrived they saw that I had a busted lip. Immediately they took my husband outside and asked me if he had done this to me. I told them that he did. They asked how many times. I told them 3 times. He went to jail that night for assault and bodily injury to a family member. The next morning it hit me just how much damage I had caused. I need to know what steps to take in order to prove my husband's innocence.
Reeves Law Firm, P.C. | Roy L. Reeves
You can ask your husband's lawyer to give you an Affidavit of Non-Prosecution. Do not use the one provided by the DA's office. Sign it, and file a copy with the DA, the Clerk of Courts, and your husband's attorney (who will likely be willing to get the other copies filed and served for you.) If this does not work (it will depend upon the DA policy, politics, etc) you will need your own lawyer not your husband's lawyer to advise you on this and be there for the trial. Your husband and his lawyer need to set a trial. Your lawyer needs to advise you what to do, not do, etc. where it concerns being served with the subpoena. Your lawyer will assert a 5th amendment privilege, etc.
Answer Applies to: Texas