Domestic Violence
Imagine this situation
The police are dispatched to a domestic violence call. Upon arrival, the police will label one person the victim and the other a suspect. Usually, the first person to talk to the police is labeled the victim. One person, usually the wife or girlfriend, tells the police that she was assaulted by her husband or boyfriend and he is then carted off to jail. Later, the “victim” will tell the prosecutor and the accused person’s attorney that she would like to “drop the charges.”
"Dropping charges" is not as simple as it sounds. In Texas, only the prosecutor has the authority to dismiss a criminal case. The prosecutor is not required to dismiss a charge at the victim’s request. In a family violence case, it is possible for the state to prosecute a defendant, and convict him, without the assistance of the victim. Sometimes, a spouse or girlfriend can be forced to testify against the other, and the initial statements to the police or other witnesses may be introduced as evidence in the trial.
Prosecutors often try to coerce the “victim” to testify against the “suspect” by threatening to file criminal charges against the “victim”. When a spouse tells a prosecutor that she initially lied to the police when she said she was assaulted, prosecutors have been known to threaten to arrest the wife and charge her with filing a false police report. The wife is then put in the position of do I tell the truth or go to jail?
If charged with an offense relating to any type of family or relationship, you need an attorney with experience to defend you. If convicted or given probation, a second allegation in your life time could result in a felony charge.
In most domestic violence cases, bonds are set extremely high. Do not post the bond until inquiring if an attorney can get the bond amount lowered.
If you or someone you know has been accused of or charged with a domestic violence offense, contact David Kiatta, an attorney in Wharton County, Fort Bend County and an attorney in Harris County for a free one-hour consultation.
