Dropping Charges in Family Assault Cases: Do's & Dont's

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This article applies specifically to Bexar County, Texas. We advise you to consult local lawyers to find out the advice that best suits your county. If your boyfriend or significant other has been charged with Assault Family Violence in Bexar County Texas, make sure to DO the following:

  1. HIRE a lawyer.
  2. Get your newly hired lawyer to hold a bond reduction hearing. (While there are no guarantees with this, it cannot hurt to try to get the bond lowered)
  3. Bond the Defendant out of Jail.
  4. Set up a meeting with your lawyer to discuss the best strategies for getting the charge dropped.

Common Mistakes

There are some myths about what people should do when they are trying to drop charges against a family member or significant other. Many of these myths are entirely wrong. That said, we advise you NOT TO do the following:

  1. Do NOT accept an appointed lawyer for a misdemeanor case in Bexar County. The lawyer will not get paid well enough to represent the case with the attention it deserves. (This advice only applies to charges that arose after August 1, 2011, which is when Bexar County ceased to pay appointed lawyers sufficiently for them to effectively represent indigents)
  2. If you have no choice but to accept an appointed lawyer, DO NOT let the lawyer force you into a plea-bargain agreement you do not like.
  3. If you are the person that pressed charges, Do NOT, under any circumstances, go give a statement to the District Attorney before consulting with the defendant’s lawyer. These statements can be far more damaging than helpful to the Defense’s case.
  4. If you are the Defendant, do not sign any confessions, or make any written statements about the case without your attorney present.

Details Will Vary in Different Areas

Remember that while state law governs the penalties and consequences of a domestic violence charge, local law enforcement, local courts and the local District Attorney's office apply that law in different ways. An attorney local to your area and familiar with the court system will know best how to handle such cases.

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