Legal Question in Criminal Law in Texas
Second Domestic F/V Assault Case for My Husband...Pre-trial Hearing ....What should we expect? Carrollton, TX
�Family Violence
In 2007, my husband and I got into a huge argument regarding him being unemployed. It got very heated and during the argument I jumped on him and he tried to get me off of him which caused a scratch on my face. The cops were called by the neighbors and he was taken to jail. The pro bono attorney that hewas given said that since he had a clean background, having one misdemeanor would not affect his record because it was simply a misdemeanor and we listened. Again in 2011, the same situation happened as he could not find steady employment due to his prior conviction....we argued, I slapped him, he tried to restrain me, and hit my eye and I called the police. Because he had a previous conviction, they didn't hesitate to take him in again. He is not guilty. I was the aggressor.
Additional information
Do I need to hire an attorney for myself? Do i have to testify? I should note that the DA has reduced the 3rd degree felony to a misdemeanor (Class A) and has offered 6months jail time or 2 years probation which we declined due to the circumstances of the case. My husband is not guilty. We were both heated and the argument really got out of control. Words were said and we both regret the events of that day, myself more because my husband is now paying for my mistakes. What should we expect to come from all of this? Our court appointed attorney doesn't really offer much help. -
1 Answer from Attorneys
Your court appointed lawyer is in the best position to judge the case. The prior "just a misdemeanor" meant that a future similar charge was automatically a felony. If you have the money, you can hire a lawyer to attack your husband's conviction on the prior case on an application for writ of habeas corpus. It may, or may not, be something that can be "fixed."
If your husband is not guilty, he should not plead guilty. Period.
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