Legal Question in Criminal Law in Texas

I have been charged with criminal trespassing of a habitat. The house that I entered is my ex-wife's house. The back door was not locked but I did not have permission to be in there. I went to get some paper work showing how much money she made but was not able to get the papers. I didn't think she was home but she was and caught me. There was no confrontation, as soon as I heard her get up I ran but she saw me. The next day 2 cops came and talked with me, I told them what I did and they said they would be in contact with me. I was never arrested just told to be at the police station on a certain date to turn myself in which I did. I was in jail just a few hours while the whole bond process took place. A date was set to go before the judge and it is approaching. My ex-wife has since called the police and filled out some paperwork to have the charges dropped but was told they can't be but that her signing the paperwork would help me out. I didn't ask her to do that, she did it on her own. I can't afford a lawyer but have always been told not to go to court without a lawyer. I need some help.


Asked on 11/27/17, 4:23 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You did violate the law (based on your rendition of the facts) and she is not in control of whether the case is prosecuted (although in many situations the prosecutors will dismiss a case when the complainant is in agreement and was not assaulted.)

You should go to court with a lawyer. If you are indigent, you can ask to have one appointed to represent you. You could represent yourself but that is generally a bad idea (although you've already told your story to law enforcement - I still don't think it is a good idea to get toe to toe with a prosecutor - there should be a lawyer between you.)

Good luck.

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Answered on 12/03/17, 7:11 pm


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