Legal Question in Criminal Law in Texas

The other day wife and me got into a fight. She was very mad at me. I was trying to control her from getting violent and she was not stopping. It was a domestic issue but she wanted to win the battle I suppose, and called in the cops. By that time i wanted to stop her from calling them and hung up on the phone, but the damage was done.

The cops came in and arrested me and I spent a night in the jail. The next morning I was released (plead not guilty at the court).

My wife however had made repeated requests to the cops earlier not to arrest me. The cops initially questioned me and I told them what transpired(however i did not tell them that she was being belligerent as to not to get her in trouble). They separately interrogated my wife in my

absense and she told them (later told me) that i did not hurt her/harm her intentionally and that the only time we made contact was when i was trying to snatch the phone from her. I am not aware at that time that hanging up on 911 call was a crime and the cops questioned me i told them the same.

I was probably stupid, i did not know my right to remain silent cos this was the first time i am confronting the law and all this was new to me. I did not say however that I hung up on the call.

I was released without bail with no liabilities. Right now i am staying with my wife at my own residence and going to work like normal. Now i am having a court hearing in a little more than a months time and I have hired a defense attorney to fight for me in this case in what was classified to be a class c Misdemenour Family Violence.

My attorney is not very disturbed and claims he can get the case dimissed on the day of the jury trial. I am not guilty, and the only reason I am facing these charges are because of stupidity of my wife and myself for not able to save the day.

My wife is also not feeling good about what happened, and she voluntarily signed an affidavit of non-prosecution which the defense is going to use in the court on the day of trial. I am not sure what is going to happen but I do not want to go to jail or attend any classes for a crime

that was not commited. Please help me, should i just wait for the trial date, is there someone who has faced similar charges?

What are my rights, what are my options? I am on work visa and worried what effect the outcome of the case will have on my immigration status. Will I be deported if convicted? I have allready consulted my attorney regarding this but he told me that we will get the charges dismissed on trial date and get the arrest record expunged. I am just worried that this situation can get more complicated. Anyone?


Asked on 6/12/11, 4:44 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need to have an immigration lawyer review what your criminal defense attorney is telling you. Criminal convictions have immigration consequences. some can be very serious especially family violence convictions.

In the scheme of things, a class C misdemeanor is the least serious there is. It is not punishable by jail time, just a fine up to $500. However, you need to have get the input of an immigration attorney before you make a decision.

I would not rely on any lawyers promise that they can have a case dismissed. Sometimes the things that they thought would happen, don't occur. Also, I am not sure that an expunction order will be binding on ICE.

The fact that this is a class C misdemeanor is in your favor. The fact that it is a family violence charge is a problem. Get an immigration attorney to advise you.

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Answered on 6/12/11, 5:11 pm
Cynthia Henley Cynthia Henley, Lawyer

You have a lawyer. Either you trust that lawyer and are working with that lawyer or you should fire that lawyer and hire a different lawyer.

In general, there are no court appearances on a Class C offense except on the day of the trial (or perhaps an initial appearance at which there are no prosecutors.) There really is no time to negotiate with a prosecutor before the day of so this is not unusual.

Whether or not the lawyer can get the case dismissed depends on many factors. If you are working with a lawyer who regularly works in that court, then that lawyer will know what is likely to happen - a lawyer on this website or any other will not.

This offense is the lowest crime there is in Texas - being a class C misdemeanor. However, because it is an assault involving family violence, there could be severe repercussions if you were convicted or even took a deferred disposition (which would result in a dismissal in the future.)

If the charges are dismissed, you will be able to get an expunction but you will have to wait 2 years before this occurs. If you go to trial and are found not guilty, you can begin the expunction process immediately. However, it is my understanding (and I am NOT an immigration lawyer) that one must disclose all arrests including those that have been expunged with regard to the immigration process. You will need to consult with an immigration lawyer on immigration matters.

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Answered on 6/12/11, 5:41 pm


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