Legal Question in Family Law in Texas

Arrested for assault and trial date set
I was in a domestic dispute with my wife and she started to grab me and shove me around. She had assaulted me before in front of officers and gone to jail for that. I dialed 911 on this night and part of the altercation was recorded during the call since the 911 operator was overhearing us and talking to me. Now when the officers came, they stated that somebody had to be arrested, and my wife stated that I actually assaulted her and her 10 year old son lied to the police. I was then arrested, charged with assault with bodily injury (class C, even though my wife didn't have a scratch), I then posted bail and I have a trial date in 3 weeks. My wife is not going to testify. Since I'm pending legal residency and we have a 7 month old I will definitely plead not guilty. Will the fact that my wife not testify be sufficient for a dismissal? Should I also get a copy of the 911 tape? Hiring an attorney is fairly costly but what should I do in this case since I could be facing deportation?

Asked on 6/25/06, 1:10 pm

2 Answers from Attorneys

TC Langford Langford Law Office

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Re: Arrested for assault and trial date set

Mr. Grissom is correct.

Although the money may be a problem, you need to find a way to retain an attorney. A non-prosecution affidavit does not mean a dismissal. There is also no guarantee that she will be a no show for trial. Even deferred will count as a conviction with immigration.

Answered on 6/26/06, 3:09 pm

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