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  1. #1

    Default Arrested After Refusing to Leave Apartment

    My question involves criminal law for the state of: Texas

    Me and my roommate got into an arguement because she wanted to bring her ex boyfriend over. We had been drinking and we were argueing, and she called the police. The police said that one of us had to leave and being that my mom lived the closest I was the one that was going to leave. I realized it was late and I told the police that I didn't want to involve my mom and he said then I will have to arrest you and he turned me around and put the cuffs on me. I'm 39 years old and this is the first time I have ever in my life been to jail, or in any kind of trouble at all. When I posted my bail they said that my charge was assault with family violence. I didn't assault my roommate and we both were argueing. I called about the police report and the lady said the police didn't write anything in the report exept there was a disturbance and my info and then my roommate as the victim. She said she didn't press any charges. I have my court date on the 23rd and I don't know what I should plea. I know I'm not guilty of assault, I never laid my hands on her and she was argueing just the same, she is very vandictive when she is argueing and she called the cops out of spite.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Arrested After Refusing to Leave Apartment

    If they choose to proceed with charges, plead not guilty and let your attorney go to work.

  3. #3

    Default Re: Arrested After Refusing to Leave Apartment

    I would demand the DA produce a valid Information, with Verification...
    that indeed, there was a Domestic Violence situation culminating in Assault

    if not, it would appear that there is Malicious Prosecution in this matter

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested After Refusing to Leave Apartment

    Quote Quoting J. Alfred Braun
    View Post
    I would demand the DA produce a valid Information, with Verification...
    that indeed, there was a Domestic Violence situation culminating in Assault

    if not, it would appear that there is Malicious Prosecution in this matter
    over 7 months ago this thread was written.

    besides that, your advice is laughable.

  5. #5

    Default Re: Arrested After Refusing to Leave Apartment

    What...exactly ..??

    The DA doesn't need to have a valid Charging Instrument ..??

    That .. is not important ..??
    or ..

    It's simply not the way " business is done "

    You know ..

    With a Probable Cause hearing, and all those other " pesky details " that get in the way of " Prosecuting " someone

    and

    like I stated in a previous Thread

    other People may be looking for some elucidation on these matters

    if the Thread is old, and of no use to anyone, why not just Delete it ..??

    Just curious here ...

    You do not believe that a valid Charging Instrument is important in this instance ..?

    This is a Felony, in my particular State ..

    You .. do not view Due Process as important ..??

    Please explain your rationale, if there is one

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested After Refusing to Leave Apartment

    first, whether threads are deleted or not is up to the owner/administration of the site which I have no connection to. Threads are left so others can read them and learn though.



    but to the rest of your statement:


    I would demand the DA produce a valid Information, with Verification..
    that indeed, there was a Domestic Violence situation culminating in Assault
    that is what a prelim hearing and trial are for.

    if not, it would appear that there is Malicious Prosecution in this matter
    as long as there is probable cause to arrest and charge, there is no malicious prosecution. There does not have to be absolute proof to arrest or charge, merely probable cause.

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