Class A Assault, Family Violence
My question involves criminal law for the state of: Texas. Ima try and make this short. Me and my ex gf went out to have drinks at a club, she caught me talking to another female after returning from the restroom. I introduced my ex gf to a the lady I had know from the past. My gf upset replied " I don't give a f*** who this b**** is." It wasn't long before an altercation broke out, after braking it up me and my gf got kicked out the club. In the car we argued about the whole ordeal. Shortly after we met up with my brother and his gf, to go out somewhere else. My brother curious as to why there were marks on my gf face, asked what had happened. Was long after her response another argument broke out, this time a little more heated than the first. My brothers gf ended up calling the police, at this point somehow me and my brother get into an argument over money...(don't ask me how...). Me and my brother end up getting out of the car, about to engage in an altercation. After a few minutes the police showed questioned us first, and then the females, and before I knew it I was going to jail. At the time I was somewhat perplexed as to why they had locked me up; after making bond and talking to my gf she stated that she said that I was the one who put the marks on her face (not the girl who she had gotten into a fight with). When I asked her why she said what she said she simply stated that she felt I deserved it after cheating on her just prior to this incident.
Turns out the next day she exhausted all her avenues to not only get me out of jail but to get the charges acquitted, to no avail. So here I am, the state is offering time served; as if Im gonna plea out to something I didn't do! So I have trial coming up, and according to my lawyer all they have is the audio, and the pics of her scratches.
So my question is, would it be in my best interest if my ex shows up to recant on everything she said that happened or should she not show period? Furthermore, can I be convicted with just pics and audio? Also, my ex has stated that the constable has searching vigorously trying to serve her with an subpoena...why would the state want her there if she going to side with me?
Re: Class A Assault, Family Violence
You should not be conspiring with your girlfriend to obstruct justice.
It's conceivable to be convicted on the basis of witness statements other than the statement of your girlfriend, including statements of your girlfriend that might be brought in through the officers as "excited utterances", as well as photographs, medical reports, etc.
Work with your lawyer.