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  1. #1
    Join Date
    Mar 2010
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    5

    Default My Wife and I Were Arrested After a Heated Argument

    My question involves marriage law for the State of: Texas

    Me and my wife were having a heated argument and in the heat of the movement my wife called her brother and left a message crying. He called the cops to check on her.

    Cops me to my home, they saw one nail scratch on my face and asked me who did that, this is my first encounter with cops and I told them its my wife. The officer talked to my wife and she told him that I pushed her to the wall. Both of us are arrested and taken to the city Jail. Our friends posted Bond for both of us. Both of us are charged with Minor Assault - Family Violence

    These are the options we have now.
    1. Go to the court and talk to the judge
    2. No Contest

    I have few questions.
    1. Will it make any difference if we go to the judge and explain him that we did not hit each other and were having a heated argument.
    2. We are not gonna press charges against each other. Does that mean the record will be deleted automatically.
    3. We never had any previous incident not even a traffic ticket, Can someone please explain how serious this is.


    We have 3 days before we go to the Judge. We have no idea how the law works, please help me decide what would be the best thing to do.

    Thanks a lot in advance

    Paul

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Quote Quoting jlpaul
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    I have few questions.
    1. Will it make any difference if we go to the judge and explain him that we did not hit each other and were having a heated argument.
    1. Not much. Roughly 75% of all DV victims recant their testimony.

    2. We are not gonna press charges against each other. Does that mean the record will be deleted automatically.
    Nope. The DA decides to proceed or not.

  3. We never had any previous incident not even a traffic ticket, Can someone please explain how serious this is.
Very.

Ask for attorneys. Plead not guilty to any charges.

  • #3

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Quote Quoting jlpaul
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    Will it make any difference if we go to the judge and explain him that we did not hit each other and were having a heated argument.
    Heated arguements don't cause scratches, no matter how heated the verbal exchange. Evidence of injury means that someone touched someone else in a CRIMINAL manner, called a battery (or in some places called an assault). Her influcting the scratch on you, you pushing her against the well - both of those are PHYSICAL acts, and thus, qualify as criminal unless you can convince the court or a jury that one of you was acting in self defense when physically engaging the other (which by default will cast the other one in the light of the "attacker").

    We are not gonna press charges against each other.
    When a crime comes to the attention of the state, the state has an obligation to pursue the matter for ALL members of society - not only an immediate victim. Not wanting to press charges is more or less irrelevent - because private individuals don't bring criminal charges, the DA does in their capacity as an actor for the state. If the state has evidence that a crime occurred, they can pursue the criminal charges.


    Does that mean the record will be deleted automatically.
    No. Regardless of what happens with the criminal case (conviction or not), the arrest will remain on your criminal record until and unless it is expunged. Charges involving family violence cannot be expunged in all states, and can impact things like ability to own or possess a firearm, to get certain types of jobs or licenses, etc. It can be a long and difficult process, even in jurisdictions where it is available.


    We never had any previous incident not even a traffic ticket, Can someone please explain how serious this is.
    I agree with Jeff - this could be very serious. You each need a criminal defense attorney - one who practices in your county courts, knows the ins and outs of the court, who has experience in understanding typical penalties dished out by your particular court, and who knows about possible programs that might be available to you (such as dropping of the charges upon completion of domestic violence counseling, a successful period of probation, performing community service, etc.). Follow Jeff's advice, plead not guilty, and get an attorney or if you qualify for a public defender, ask the court to appoint one to each of you.

  • #4
    Join Date
    Mar 2010
    Posts
    5

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Hi Everyone

    We greatly appreciate all the responses.

    After going through all the After going through all the responses I understand the severity of the situation. I am planning to meet an attorney today evening. Before that, we are planning to go to the Court and talk in detail about everything.

    My wife talked to the court clerk last Friday and the clerk told my wife that this is like a traffic ticket and will go away after some time as there are no charges. We did not understand it completely. We are going to the court today to talk in detail and understand hat the scenario is. Will post what ever answers we get and would greatly appreciate your opinions.

    Thanks a lot to everyone in the Forum.

    Paul

  • #5
    Join Date
    Jan 2006
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    38,867

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Quote Quoting jlpaul
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    I am planning to meet an attorney today evening. Before that, we are planning to go to the Court and talk in detail about everything.

    l
    STOP!!!

    you have that backwards. Do NOT speak with the court or police until you speak with your attorney. It is too easy for you to admit to things unintentionally that may hurt your situation.

    I would have to look but a DA often has a considerable amount of time (up to a year in many actions) to file the charges. This is not just a "ticket". This can be very serious.

  • #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Finally, a clerk can NOT give legal advice under any circumstances. Do not believe the clerk. Talk only to your attorney. Do NOT volunteer anything to a prosecutor, judge or anyone else, other than YOUR attorney.

  • #7
    Join Date
    Mar 2010
    Posts
    5

    Default Re: My Wife and I Were Arrested After a Heated Argument

    Hi JK

    When we were arrested our bond was set at $296 each, my friends paid of that amount and bailed us out.

    When my wife called the Court Clerk this is what she was told. You can come and talk to the Judge this Thursday or you can come to the Service Window before Thursday and sign the“Plea”. Then you don’t have to come to the court. She also told that all this will remain on the record.

    I am thinking, since we already paid the $296 bond each should we go and sign the plea and get this over with OR should we go to the Judge and contest the charges. I understand that talking to an attorney is the best thing to do, will definitely talk to an attorney. I would like to know if signing the plea and finishing this off a good option.

    Thanks

    Paul

  • #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: My Wife and I Were Arrested After a Heated Argument

    by signing the plea you are admitting to guilt.

    here is the possible penalty for a class A misdemeanor in Texas:

    § 12.21. CLASS A MISDEMEANOR.
    An individual adjudged guilty of a Class A misdemeanor shall be punished by:
    (1) a fine not to exceed $4,000;
    (2) confinement in jail for a term not to exceed one year; or
    (3) both such fine and confinement.
    TAGS: Texas Penal Code, Class A Misdemeanor
    if you admit guilt or plead nolo contendre (no contest)(which is virtually the same thing in for these purposes), the judge could impose anything up to the penalties listed.

    Something doesn't sound right about what the clerk is telling you. Why would they bother to charge you if they intended no punishment?

    something is missing in this picture. I would suggest speaking with an attorney before taking any action at the court just so you do not get one of those surprises that nobody wants.

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