When he goes to court to make his plea can he plead no contest and have the case dismissed upon completion of counseling and/or AA meetings?
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When he goes to court to make his plea can he plead no contest and have the case dismissed upon completion of counseling and/or AA meetings?
Pleading no contest is a form of guilty plea. If he has a good lawyer, it is possible to get a deferral, however, nothing is a guarantee. It is more likely the prosecutor will look to make an example out of someone charged with assaulting a pregnant woman.
And what if we both testify that I started the argument and hit him in return after his assault?
My question involves criminal law for the state of: Texas
My boyfriend and I got into an argument. He had been drinking and I went to turn off the computer (he was playing a computer game) because he was ignoring me and when I did he pushed me away. I tripped and fell on my butt and he proceeded to drag me by my arms across the living room. I filed a police report the next day. They took a picture of a little bruise I had on my arm but I told them it wasn't from him. I told them I didn't want to press charges. The next day they go to his work and arrest him. He bonded out later that day. I am 35 weeks pregnant. He hasn't gone to his arraignment yet and I wanted to know what would happen if I recanted my statement or said I filed the report out of anger and "wanting to get back at him" and if his case gets dismissed or he's found not guilty, will it show up on his record and background checks later on?
I do not know what the penalty for filing a false police report is in your area but if you do as you suggest, you might find out, first hand.Quote:
I wanted to know what would happen if I recanted my statement or said I filed the report out of anger and "wanting to get back at him"
yes, yes it will.Quote:
and if his case gets dismissed or he's found not guilty, will it show up on his record and background checks later on?
why would it show up on his record and affect him getting a job if it was dismissed and no conviction?
arrest records are maintained as part of a person's criminal record regardless whether the case was dismissed or not.
Only if the DA makes such an offer of deferred adjudication. If he pleads no contest, that's the equivalent of "guilty", and the case would move directly to the sentencing phase.
If your statement to police differs from that account, your credibility and anything you say to change your story isn't likely to be believed. If you're ready to lie and change your story, be prepared that you too could face criminal charges.
so then he would have to get it expunged?