More details to this question:
hubby in jail for agg. assault with deadly weapon. He and stepson got into argument while hubby was chopping up food, so hubby continues into living room still arguing with son and knife still in hand. Son called law and said hubby was threatening to kill and hubby goes to jail. Given court appt. atty. and so far we have received "Information", "complaint"and bond conditions which we can't bond due to ice hold because of charge. We went to first agreed setting and atty. offered him probation and he denied. The atty, never informed him that any plea he takes could affect immigration at a later time. Son wrote affidavit stating this was blown out of context and recanting story. DA has copy and so does atty, and it was certified mailed to them. I want to know what I should be asking atty. to have this case dismissed. The police came into my home and arrested hubby, then came back in and retrieved knife that was not in plain view and as a witness they didn't want to hear me.
1 ANSWER
Criminal Law Attorney serving Houston, TX
at
The Law Office of Rick Oliver
Update Your Profile
It's not necessarily a matter of the questions you should be asking the attorney. It's really more a matter of digging in your heels. I'm not sure where your case was filed, so I'll use Harris County as an example, as that's where a lot of my cases are. In Harris County, this situation happens all the time. A 911 call is made, an allegation is made, the DA's get involved, and someone gets arrested. In a lot of those cases the complainant or complainants recant, or say it didn't happen, or say it didn't happen the way they initially said it happened. That happens so often in Harris County there is an entire division that has been created to handle those cases. What you have to understand is that the DA's don't necessarily need you or your son to prosecute the case. They can rely on whatever other admissible evidence there is. It certainly won't help their case if you and your son refuse to cooperate, and in fact are saying they have completely misjudged the character of the evidence. But it's not a silver bullet that forces them to dismiss. The bottom line is that you need to make sure you have an attorney who is willing to go to trial to fight that case.
Answered on Oct 03rd, 2013 at 3:49 PM