Legal Question in Criminal Law in Texas

What should I expect now?

I recently had a question about an injury to a child case. There has been no official case filed on my case as of yet and it has now been over 3 months since my arrest and over two years since the incident. My school district has allowed me to come back to work and extended me a new contract to come back for the next two years. It would be null and void if I were convicted of a felony of course. The District Attorney recently sent the case back to the local Police Department saying there was not enough evidence to support Injury to a Child. My two questions are #1.) Is this a positive step in getting the case possibly dismissed and 2.) Since I am now back in school teaching with no incident in two years, will that become a major factor. I feel cautiously good about the situation but would just like som reassurance. Thanks


Asked on 3/26/07, 12:17 am

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: What should I expect now?

The answer to your first question is yes. Remember that police are not attorneys and therefore only act on what they THINK they have in front of them. The state's attorneys must consider whether or not they can prove a case beyond a reasonable doubt. It is not unusual for the DA's office to send cases back to police for more investigation. If, in your case, there is not much left to investigate the case should just die a natural death. The answer to your second question is a very general no. Post arrest behavior is usually irrelevant.

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Answered on 3/26/07, 4:30 pm


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