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Possible charges against my girfriend and I - State may be pressing charges

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John_Doe

Junior Member
TX

My girlfriend and I have not been charged with anything yet, a detective wants the both of us to come in and give a statement. I got a few questions and anything given would be appreciated.

This past Sunday my girlfriend and I got into an argument. You know, one of those been drinking a little/pointless fights. Anyways, she was yelling at me in the car about some things she didn't like that I had said in front of some friends. I was saying, "yes yes, I know...I'm sorry..". It went on for a few more miles and she started stabbing me with her nails on my right shoulder while I was driving. I told her to quit and she wouldn't stop. I threw my arm back to keep her hands off me and she didn't like that. She started hitting me and well, I was hitting her back. Neither of us was punching each other, more like a strong pimp hand smack - if that matters. I went up to the house, we argued more - not hitting each other. That went on for about 10 minutes or so, not exactly sure.

I got fed up with all the arguing and tried to go to bed, she came in there still pissed off and started yelling more. Throwing all my DVDs at me and hitting me. At this point I was encouraging her to hit me - yes I am crazy. Anyways, neither of us was hurt, just a few bruises on the arms from the smacking around. I was begging her to leave and go to her mothers house, she finally did this and about five minutes later the cops show up at my door. Someone had called them so they wanted to know what had gone on. I went on with my story for about thirty minutes or so and nothing was really accomplished. They wanted to know where she went and I told them. I don't think they could really do anything because she was out of the county by now. They took a few pictures of my arms and said they couldn't take a statement because I had been drinking.

They left and I thought it was all over. Now I have some detective calling me and saying that my girlfriend and I need to come in and give him a statement. I believe he told my girlfriend if she didn't come in, there would be a warrant for her arrest. We told them we didn't want to press any charges, just like I had told the officers at my house and I was told by the detective that the state may want to press charges.

So my questions are:

1. Can we be arrested if we go into their office?
2. Can either of us be arrested if we don't go in to give a statement?
3. Shouldn't all of this have been done at the scene?
4. If I'm not mistaken, this would be a misdemeanor charge. What are we both looking at punishment wise if they do decide to go fourth with this - some probation or anger management classes?

All of this seems a bit crazy, I mean, they want us to come in and give them a statement so they can prosecute us?! They should have done their job at the scene and taken my statement, no? They "said" I had been drinking so they couldn't take a statement. I wasn't drunk, so why couldn't they get my statement then? No field tests or breathalyser was given at the time - how was I drunk? One of the officers almost had my girlfriend pulled over a block or so away from the house. For some reason he flashed his lights to pull her over, then took off - that's what she told me. I over heard one of the officers giving him **** for what he did.

Thanks for your time.


***UPDATE***

For anyone else that is reading this and might be in the same situation, here is what I found out:

I spoke with two different lawyers about this and they advised me not to talk with the detectives - just as I suspected. Most likely, one of us or both of us, would have been arrested when we spoke with the detective. By talking to them we would have been providing them with more info to help prosecute either me or her - or both of us. If we don't speak with them, more then likely one of us will still be arrested - probably her since they got pictures of what she did to me. That's just worst case scenario though.

IMO, they should have already arrested either me or her, based on the deputy's file. They should have already had enough info from the pictures to make and arrest against her. If they REALLY had a case, wouldn't they have already arrested her? So giving them more info would have made their case more solid. I'm still undecided on what to actually do here though. I mean, as a man and looking at how much I truly care for my girlfriend, shouldn't I go in there and take all the blame for this? If I did that, I wouldn't be able to beat the case as easy as if we just let them take the case to the DA without all the info. Should she go in to talk to the detective and give her info as well as pictures? I'm also thinking both of those lawyers had very valid points, but were they just talking out their asses so that they would have a case? Who knows, but all of this has been very difficult to deal with and it has definitely been a very hard lesson learned. The stress that her and I have been going through the last few days has been unbearable.


Feel free to leave any comments if you wish - I know you want to!
 
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John_Doe

Junior Member
Hey thanks for your opinion sir. I feel so bad about this I guess because they are trying to make us out to look like criminals. I mean, what we both did was bad and I wish I could take it back. Neither of us have ever been in trouble or done something of this nature. Yea we've both had some pretty heated arguments, but nothing of this nature. I'm not trying to come here and look for sympathy from anyone or justify my actions, but it down right sucks to have to be going through this.

So like I said in my previous post, wouldn't you think that they would have arrested her by now if they actually had a case? I'm no attorney, but given the fact that they already have pictures of the scratches on my arm, they should have done something by now if they had a solid case.

What are your thoughts?
 

seniorjudge

Senior Member
Based solely on your post, it's still in the investigation phase.

This is not CSI...this is real life. Things move more slowly. And, there are no commercials.
 

John_Doe

Junior Member
Based solely on your post, it's still in the investigation phase.

This is not CSI...this is real life. Things move more slowly. And, there are no commercials.
True, I guess they still can go ahead and arrest someone based on what they have. We would really like to try and work this out with them, but like you said and what the attorney's advised, we probably shouldn't give them anymore ammo for their war. They are going to either do this or not do it - we loose either way.

Thanks
 

John_Doe

Junior Member
Another update for future users...


Called the detective today and told him that we weren't going to continue discussing this matter with him anymore, due to our attorneys advice. He didn't really like what I had to tell him and acted really unprofessional about it - if they are even suppose to? He went on again about threatening us with a warrant. I called his bluff on this now lets see what he does.
 

stealth2

Under the Radar Member
Another update for future users...


Called the detective today and told him that we weren't going to continue discussing this matter with him anymore, due to our attorneys advice. He didn't really like what I had to tell him and acted really unprofessional about it - if they are even suppose to? He went on again about threatening us with a warrant. I called his bluff on this now lets see what he does.
It really would have been brighter to have your attorney call.
 

mmmagique

Member
Probably. But as long as he only said what the attorney told him to say, he should be ok.

But I do see how him calling instead of his attorney can help to direct the detectives negative attention back at him...exactly where he doesn't want it to be. :eek:

~Christina
 

John_Doe

Junior Member
Farfalla said:
Let's see you were both drinking too much, and had a fight in the car....

So you were also driving drunk?
Guess that depends on your interpretation of drunk. There is such a thing as responsible drinking and I feel that I was not over the legal limit, but who knows.


stealth2 said:
It really would have been brighter to have your attorney call.
Brighter? Why would it have been brighter? The attorney advised me what to tell him and if he had any problems with that, he could discuss it further with the attorney. So what if the detective gets mad. The only reason for him being mad IMO, is because he knew that they had no case. Why else to people resort to insults and threats?

As of this day, still no word on this matter. Detective never called the attorney and no warrant has been issued.
 

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