Legal Question in Criminal Law in Texas

A while ago we stopped at a Dennys to eat after we had just gotten out of the bar. I was sober and my fiance on the other hand was pretty drunk. Her best friend and I were trying to get into the restaurant, however she was upset over a lost shoe. She kept asking where her other shoe was and that it was her favorite shoe. We were trying to explain to her how she lost one of her shoes. Our other group of friends came over to see what was going on but when they saw it was really nothing, they went ahead into Denny's. While my fiance's best friend and I were trying to calm her down because she was a bit loud the Cops had then shown up and pulled me and one other friend from the group aside to take some information instead of asking whats going on. They did a sobriety test on both of us because we were the drivers and we passed. My fiance was trying to get out of the car but her best friend told he to stay in the car because the cops are out there. The best friend was standing outside of the car door while my fiance was in the car. The cops then went over to car and just arrested the best friend and then pulled my fiance out of the passenger seat and arrested her too. They never asked what was happening. My other friend and I were trying to talk to the cops politely and respectfully to let them go and we all will just go home. We told them we just lived a block away. I even told them she had depression and and we can just take her home. The cops did not bother to listen to anything and took them away. We, including my fiance and her best friend, were all being quite respectful and cooperative with the cops but they did not care. They took her to jail and the next day we bonded both of them out. They gave both of them a ticket for Public fighting. Can we fight this? Can we get this expunged and how long will that take to do that? What exactly should we do to get this off both of their records because they both are really good people? Should we try to get this dismissed or demand a Jury?


Asked on 9/14/12, 12:42 am

1 Answer from Attorneys
TC Langford Langford Law Office

The FIRST thing to do is stop revealing this type of specific detail on a public website, and the parties involved should not discuss the events with anyone at all, except an attorney in a confidential setting. Charges were filed, and it is unlikely that the DA will dismiss it without a compelling legal reason presented by an attorney. It is also likely that the cops version of events will be strikingly different than yours, and an attorney's ability to discount or discredit their version will be critical. Your fiancee may be in a worse situation than her best friend. Expunctions only follow findings of not guilty, so at this point, that is putting the cart before the horse. Both of these folks need lawyers today, and probably separate lawyers, as I sense there will be a conflict for the lawyer.

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Answered on 9/14/12, 5:50 am


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