What is the name of your state (Texas)?
I was arrested for aggravated assault with a deadly weapon in Dallas Texas. About a month ago my girlfriend and I had an argument that made her late to work and she was fired. There was no hitting or weapons. She had a diary at work that detailed sexual fantasies that included me using a gun as a prop in bed as well as asphyxiation. I have not done these things. Her boss called her father who then came to town to get the diary and have the police help have her things removed. The girlfriend complied with her father. She also had a scratch on her neck and a bruise on her arm from an incident with another female days prior. Her father called the police the day he came to move her out (a few days after the argument that got her fired) and he made a complaint on her behalf saying that I choked her untill she passed out and used a gun in the commission of said assault. All false. The police took pictures of the scratch and bruise, got the diary, and filed charges on me.
The girlfriend has made an affidavit with my attorney that the accusation are false and that she doesnt want to pursue charges. She made a similar plea with the DA office. The detective has said that she is going to send it to the grand jury regardless.
I have an attorney. I have no convictions in my criminal background. I have a job. I am college educated.
My attorney filed to have an EXAMINATION Trial since I have not been indicted yet. We were granted this motion. We went today to discover that the investigator/prosecution did not show up. And that the charges are extremely brief and with little detail. I am terribly concerned that this will continue until my case is sent to grand jury at which time they have avoided allowing me to have my examination trial or see what evidence there is.
I am innocent and facing serious financial and criminal penalties. I can not afford this either way but I need help figuring out how to get the prosecution to show up to the examination trial and let me see evidence.
I am devastated.