M
mockme2
Guest
What is the name of your state? This case is being prosecuted in the great state of Texas.
A man with no prior record of any type, after 18 years of marriage never laying a hand on her or anyone, beat his wife what the DA calls severely. The charges are Aggravated Assault with deadly weapon - as he used an empty gun to threaten her. The injuries were not so severe as to require medical treatment of any type - bruises only.
The husband seemed to be having a breakdown of some sort. The wife, begged husband to seek treatment - he refused and in desperation she called Police and filed a report hoping to force him to get treatment. She filled out a written statement of the incident and it is notarized. The Police also have many photographs of the wife's bruises.
Before the Police got around to arresting the husband, the wife begged him to seek medical treatment. The husband finally agreed and went to County Mental Health Services, described his symptoms to conselors and doctors and was committed to State Mental Hospital for treatment. He was diagnosed Bi-Polar and put on medication. Before the hospital was actually ready to release him, the Police came and took him to jail. While he was in the hospital, his employers fired him... so there is no income. A court appointed attorney has been assigned to the case. He had the husband claim NOT GUILTY.
Since the husband did get treatment as the wife desired, she filed an Affadavit of Non-Prosecution - requesting the DA to drop charges. Her goal from the beginning of this ugly incident was to repair her husband and their relationship. The DA refuses to drop charges. The Court appointed attorney appears to be doing nothing in the way of a defense. His advice is for the wife to "disappear" and not attend the hearing or be available to be subpeonaed. The attorney seems to think that without the actual witness the prosecution has nothing.
We are afraid to trust this opinion. The DA does have signed notarized statement and photos of the wife and a statement from the husband admitting he did beat her up (but denying the weapon).
SO - question - is this true??? Without the wife, in person - will this case be dropped? Or will the wife's statement and photos still be admissable evidence and enough to convict him? DOES Texas Law require her presence?
A man with no prior record of any type, after 18 years of marriage never laying a hand on her or anyone, beat his wife what the DA calls severely. The charges are Aggravated Assault with deadly weapon - as he used an empty gun to threaten her. The injuries were not so severe as to require medical treatment of any type - bruises only.
The husband seemed to be having a breakdown of some sort. The wife, begged husband to seek treatment - he refused and in desperation she called Police and filed a report hoping to force him to get treatment. She filled out a written statement of the incident and it is notarized. The Police also have many photographs of the wife's bruises.
Before the Police got around to arresting the husband, the wife begged him to seek medical treatment. The husband finally agreed and went to County Mental Health Services, described his symptoms to conselors and doctors and was committed to State Mental Hospital for treatment. He was diagnosed Bi-Polar and put on medication. Before the hospital was actually ready to release him, the Police came and took him to jail. While he was in the hospital, his employers fired him... so there is no income. A court appointed attorney has been assigned to the case. He had the husband claim NOT GUILTY.
Since the husband did get treatment as the wife desired, she filed an Affadavit of Non-Prosecution - requesting the DA to drop charges. Her goal from the beginning of this ugly incident was to repair her husband and their relationship. The DA refuses to drop charges. The Court appointed attorney appears to be doing nothing in the way of a defense. His advice is for the wife to "disappear" and not attend the hearing or be available to be subpeonaed. The attorney seems to think that without the actual witness the prosecution has nothing.
We are afraid to trust this opinion. The DA does have signed notarized statement and photos of the wife and a statement from the husband admitting he did beat her up (but denying the weapon).
SO - question - is this true??? Without the wife, in person - will this case be dropped? Or will the wife's statement and photos still be admissable evidence and enough to convict him? DOES Texas Law require her presence?
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