Legal Question in Criminal Law in Texas

Home Invasion/Assualt/No Police protection/false report filed by responding offi

2 persons stalked my disabled brother to my house, & both physically assaulted him, the male physically assaulted both he and myself. During the scuffle I told my 17 year old daughter to call 911. One officer took our report, making several pages of notes, yet filed not a single word of what we & the 2 witnesses told him. He promised me that if they found the assailants, they would arrest them, but he lied, they found them, and this same officer sworn to protect me from home invasion/assault&battery/etc. for some strange reason has filed a false report on behalf of the criminals who came here with intentions to do bodily harm. I have written corrections to the false report, yet the investigator has refused to even look at the paper. This false report lists my brother & myself as suspects, & the criminals as victims. The det. stated I am not a suspect, yet he wants me to come to his office to be interviewed ''as a witness''. It reeks of entrapment. The attorneys here are afraid of the police, & won't help me. I have had little sleep since that night due to learning, I have no protection in this town, & my husband works out of town. My brother should have protection from Adult Protection Services, but they refused.


Asked on 1/17/05, 10:15 am

1 Answer from Attorneys
Dan Montalvo Dan Montalvo Attorney at Law

Re: Home Invasion/Assualt/No Police protection/false report filed by responding

Your situation sounds horrible. First, if you haven't yet, I would get a copy of the police report. Secondly, I would not speak to any officer without an attorney that specializes in criminal law. If the attorneys in your town are "afraid" of the police I would go to a surrounding area. If you go much further you will be paying for travel costs and higher fees due to travel distance and time it takes.

Additionally, you may be able to go to your District Attorney directly. Ask for the intake division. You may either speak with an attorney or an investigator. If you have the time and opportunity I would go with affidavits from your witnesses. One last thing, 911 tapes are only kept for a short amount of time. You may want to preserve it by filing a freedom of information act with the police agency that controls the 911 operators. They usually have the forms there.

Hope all turns out well. Good luck.

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Answered on 1/17/05, 11:25 am


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