Legal Question in Criminal Law in Texas

domestic

my sister and i had a disagreement there were physical contact and she and i both live in different states and the incident happen in texas, if she file charges on me there will the state serve the papers in my state?


Asked on 9/07/08, 12:37 pm

2 Answers from Attorneys

Stephen Gustitis Criminal Defense Lawyer

Re: domestic

I'm not exactly sure what papers you believe might be served upon you in your home State. However, if you provided your current home State address after bonding out of jail, I would expect any court papers, setting notices, and the like, would be mailed to that address. I would also call your bondsman in Texas to keep tabs. The bondsman will also get notice of any court dates that are scheduled for you in Texas.

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Answered on 9/07/08, 2:14 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: domestic

Hello there,

In Texas if two people are living with one another and there is a domestic dispute that involves an assault the State can pick up the case and force your sister to testify against you.

If your sister lives out of the State of Texas, it is going to be more difficult for the State to Subpoena her. She doesn't have to cooperate with the District Attorneys if she does not want to. That is why the State picks up a lot of these cases and Subpoenas the alleged victim and forces them to testify.

Assault Family Violence cases are very serious that can have both state and federal consequences. If convicted you cannot possess a firearm for five years. If you are caught with a firearm you will be facing time in a federal facility.

You need to hire an attorney to go and talk to the District Attorney to see if they would be willing to drop the case provided your sister signs what is known as an affidavit of non prosecution.

If you have any further questions or would like some advice, feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 9/07/08, 2:57 pm


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