Getting Domestic Assult Charge Dropped Due to Inotoxicated Call to 911
My question involves criminal law for the state of: Texas
Went out with my husband, I got insanely drunk, and somewhat out of control. Has never happened. We got into a disagreement on the way home, he mad me mad and cry. Everything seemed 10x's worse because of the alcohol so I got out of our car and called 911 from a gas station. Police showed up and I said all kinds of things to them that I do not remember and were not true.They took me home, searched our house, and made me write a statement, but I did not file charges because I stated that I thought he slapped me. I also never stated in the report that he DID slap me, I just stated that I was very intoxicated and I was not sure what happened.
I signed a affidavit at the police station the following Monday stating that I was not in control of what I was saying and that he did not assault me and I did not want to file any charges and just wanted it all dropped. Now the officer is telling my husband that he needs to come to the police station and file a report on his story and my husband has refused. He's worried they'll put him in jail for traffic warrants he has in another county. So now the detective is saying he's going to have him picked up on the warrants for not cooperating and he's just going to write him up a citation on a Misd. assualt. My husband is not going to write a statement he fears being jailed for the warrants so we're hiring an atty. Can they arrest him at our home for the traffice warrants, and will they charge him for domestic assault instead of the misd. assualt since he refuses to meet the detective and write a statement?
Re: Getting Domestic Assult Charge Dropped Due to Inotoxicated Call to 911
Yes, they can arrest him. How many traffic warrants are we talking about? Is he driving with a suspended license? (this may be a clue as to how likely they are to come after him).
Your husband really needs to speak with that attorney.
Re: Getting Domestic Assult Charge Dropped Due to Inotoxicated Call to 911
Now that the department is aware that there are outstanding warrants, any officer who is bored enough, interested enough, or whose dispatcher makes them aware of the warrants can act on those warrants. He's in danger of arrest every time he leaves the front door, even without the DV issue pending. Might as well contact the attorney now, because it's just a matter of time. At least working with an attorney he'll have a much better chance of scheduling turning himself in on the warrents, rather than waiting for a very inconvenient moment (for some reason, lots of people with warrants get caught due to simple things like fender bender accidents, then have to deal with their car being towed, added expense, waking up family or friends in the middle of the night to come get the car, etc. etc. - it's just NEVER a convenient situation when the timing is out of your control).
Re: Getting Domestic Assult Charge Dropped Due to Inotoxicated Call to 911
I've seen it so many times that women like yourself making false claims to the police. Maybe not completely false but highly exaggerated. If the police would prosecute girls like you and make an example, maybe there would be less of this happening. Don't think being drunk makes it OK. What you did was wrong. Your husband should definitely not make a statement or even talk to the police...Period.. Those traffic warrants will catch up to him eventually. Everybody should watch this speech from a law professor/defense attorney. http://www.youtube.com/watch?v=6wXkI4t7nuc Explains you should never talk to the police regardless whether you're innocent or guilty.
Re: Getting Domestic Assult Charge Dropped Due to Inotoxicated Call to 911
UPDATE: Charges were dismissed. Detective was very hard on us though. He did send CPS to our sons school and interviewed him. CPS left us a letter at home on the door. We never called CPS, as we heard from a attorney, that we don't have to contact CPS unless they have a court order and proof that our children are in danger. It's been over 2 wks and haven't heard from CPS.
We also took care of my husbands traffic warrants just to be on the safe side and for the sake of our sanity!