Legal Question in Criminal Law in Texas

can I stop a statement before the state picks up a domestic violence case in Texas? Basically, the statement I wrote was really the police officers words to a fabricated story because I was angry. I went to the same police department to ask to add to my original staement but the same police officer that gave me word for word what to write said I would have a day in court... I would like to save everyone and myself the grief, no assault took place and I was an idiot to listen to the cop that wanted a statement...? I appreciate your help


Asked on 12/01/10, 11:36 am

1 Answer from Attorneys

Gary Thomas Gary Thomas Law Office, P.C.

Do not waste your time talking to the cops. You may get somewhere talking to a prosecutor who handles those type offenses in the county where the incident occurred. Call the prosecutor's office and ask for a domestic violence prosecutor and tell them you will not testify in the case for the State because you were told what to write by the cops; and if you are made to testify, via subpoena, that is what you will say. You have to be careful here to not get accused of filing a false report with the police, which they will sometimes threaten "victims" with. In Travis County, Texas, the prosecutor's office now ask "victims" who change their "story" to take a class. I'm not sure if it's free or who pays for it if it is not. Ask about that when you talk to a prosecutor. The best thing you can do for the person who is/may be charged is talk to that person's lawyer and tell them you will sign a Non-prosecution Affidavit, swearing to the real facts -- that lawyer may even help you with the affidavit. That might mean something to the State, but talking to the cops, as you have learned, is a waste of time and talking to a prosecutor may or may not help because, frankly, they hear this all the time and often they assume the victim is really a victim and is b eing intimidated into changing his/her story by the defendant.

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Answered on 12/06/10, 12:15 pm


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