Legal Question in Criminal Law in Texas
Me and my boyfriend had an argument, he threw a bottle of beer and hit me on the head, by accident but when that happen I went to the hospital, police asked me what had happened, I told them, didn't press charges, but the state did. But he is on probation and I am afraid this might affect him and he might go back 10 yrs, what can happen on this case?
1 Answer from Attorneys
If charges have been filed against your boyfriend for throwing the bottle at you and hitting you, you should talk to his lawyer. He can have you sign an affidavit of non-prosecution in which you swear that he did not harm you and that you do not want him prosecuted. That does not always work, but does sometimes. You can also tell the prosecutors that you do not want him prosecuted and that you will not testify against him. If he is charged in the case, that is probably a probation violation. If he is convicted in the case, that is a probation violation. What would happen to him would depend on what the judge did in the hearing on the State's motion to revoke his probation. The judge can do nothing, he can extend the probation, he can revoke the probation and sentence him to a sentence. What he does is up to the judge and how he views the violation.
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