QUESTION
If I made a statement and my husband wasn’t here and didn’t come to make one could he be arrested
Asked on May 15th, 2013 on Criminal Law - Texas
More details to this question:
If I made a statement and my husband wasn’t here and didn’t come to make one could he be arrested I told the police nothing happened it was just an argument and I overreacted and I didn’t want anything to happen to him.. My husband told the police over my phone he wasn’t making a statement. The police said its out of my hands and in there’s now can he have a warrant issues for him.
6 ANSWERS
Michael J. Breczinski
If you said to the cop that nothing happened, then why are they pursuing it? What other evidence do they have?
Answered on May 20th, 2013 at 11:34 AM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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The police can submit a case to the District Attorney based on your statement as a witness to a crime. If your husband would have talked to the police, that makes the case stronger. But, refusing to make a statement does not mean there is not a case. If the District Attorney decides to file the case, they will either ask a Judge for an arrest warrant or send your husband a notice to appear. If the police want to arrest your husband, they can ask a Judge for an arrest warrant.
Answered on May 17th, 2013 at 10:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, there is a possibility that he can be arrested. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney.
Answered on May 16th, 2013 at 11:21 AM
Yes, he could be arrested (or a summons issued), if there was sufficient evidence collected that generates probable cause. That said, the probability of an arrest warrant or summons being issued will depend on whether a prosecutor thinks there is probable cause and thinks there is some possibility that the case could be won.
Answered on May 16th, 2013 at 11:20 AM
They're right. It's out of your hands. He needs a good lawyer.
Answered on May 16th, 2013 at 11:20 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you told them facts about a crime (like assault), they will present what they have to the DA's office to see if charges are filed regardless of whether your husband made or did not make a statement.
Answered on May 16th, 2013 at 11:20 AM