QUESTION

Can I get the charges dropped against my husband because I was not really coherent because of ambien?

Asked on Jan 14th, 2014 on Criminal Law - Texas
More details to this question:
While visiting in Texas I called 911 because my husband slapped me and was squeezing my jaw. I don't remember much of it. I had taken my prescribed ambien 10mg and xanax xr 1mg but had not fallen asleep. He said I started an argument with him, which I probably did since I have been so mad at him for cheating. I don't remember anything about an argument just bits and pieces of the night because of the ambien. I'm not sure what made me pick up the phone and call 911 since that is something I have never done in the past for anything. It was the first time he has ever hit me, but he has a terrible temper. He broke my phone and a TV that night but I do remember that after he let go of me and he left the room I smashed his guitar on a chair. The police did see the remains of all of that. I called the police the next morning and told them about the ambien and xanax and that I really was not awake enough to know what I was doing. I told them that I have had a lot of times over the years where I don't remember anything from the night and have had long conversations with people. Is there any way the charges can be dropped since I was not thinking coherently? Even though the police could not tell? I know my husband should not have hit me, but I am not sure what all really happened and if I had been awake, I never would have had him arrested. I will probably end up divorcing him but I still would not want to ruin his life like this.
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1 ANSWER

Criminal Attorney serving Houston, TX at The Montes Law Firm
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You do not have the power to have the State drop the charges. If you want to help him, you should speak to your husband's defense attorney. He or she is in the best position to inform you of the possibilities of a dismissal and ways to attain a dismissal. Good luck.
Answered on Jan 17th, 2014 at 3:47 AM

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