Legal Question in Criminal Law in Texas
My boyfriend assualted me and in the statement I put that he drove me to a park, which he did. Now they are wanting to drop the charge of assault, and charge him with aggrivated Kidnapping, however in the video survailence they will obtain from the bank and gas station, I'm the one driving. I've tried to drop the charges but they said that the state of TX is picking them up. Can they still charge him with Kidnapping?? If so how much time is he looking on getting? Is the Victim imapact statement even considered?
1 Answer from Attorneys
Victim Impact statement is generally intended for use at sentencing, in the event a defendant is found guilty. It is not clear if you want him prosecuted at all, or are just picky about what he is charged with. It is true that the state prosecutes, you are the complaining witness. If you believe that the rendition of facts is wrong, then talk to a lawyer about writing a new statement for the ADA and the boyfriend's attorney. I think you should talk with a lawyer first, so that you do not end up being prosecuted by an overzealous ADA.
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