Maybe bot, but you asked if there was a way to get the charges "dropped". Charges are rarely "dropped". She can always work out a deal that will allow them to be dismissed, but it is doubtful they will summarily be dropped unless mom decides not to cooperate with the prosecution and the state decides it is not worth pursuing.
You can complain to the state legislature concerning their definition of assault and/or battery. In the meantime, she has to deal with the offense as charged, and provided the elemtns of the offense have been met, she can be prosecuted. Like I said, there may be some diversion program available for first offenders. She'll likely need to speak to an attorney for that.I have no doubt she jostled her mother (or that her mother jostled as well). But the response is out of perspective and proportion.
Okay. The court says she gets to share custody or gets prolonged visitation. Entirely irrelevant to an assault beef.My daughters do not want to be in the house with her, but they "have" to because they are minors and the law says mom gets periods of possession.
What??But when the "decree" goes to hell in a hand-basket my daughter is then legally treated as an adult who gets to decide what her living conditions are?![]()
What did you mean to convey here?
Diversion programs tend to be informal (unless community service is a requirement) and they tend to be very flexible in such matters. It shouldn't be a problem for her to carry out probation or diversion in NV.How is she supposed to do probation from her home in Nevada?
Probably not too good. But, if she gets diversion, it will effectively be as if she was never convicted and the charge will be dismissed. I am not sure if in TX successful diversion also means that no arrest is considered to have occurred, but that might also be the case. if not, she can likely move to have the arrest expunged as well (I am not sure o fthat and have not looked it up, but it might be possible).How is this going to look on her application to Brown University?
That, and, "Speak to an attorney". What do you expect? Magic words that will compel the DA not to pursue the matter? Magic words to compel a court to dismiss the charges for no legal reason? Magic words to convince mom to go to the DA and beg that he drop the matter?A minor's life and future is involved here and the only justice she can get is "the issue may well resolve itself"?
These issues are not uncommon. And most every state has diversion opportunities available for first time offenders. In the future, she may well have to just keep her hands to herself and her mouth shut when mom starts to behave in a manner she disagrees with. It sucks, but that may be what she'll have to live with until she's 18.
- Carl

