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Arrested for "Running Over Ex-Husband" in Texas

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colima

Junior Member
TEXAS

Eight months ago, I was arrested on allegations that I "ran
over" my former husband (I was charged with Assault with Bodily Injury, Class A Misdemeanor).

My former husband has a history of violence and abuse against me and other women, and at the time of this alleged assault, I was attempting to flee from him.

Although he (my ex-husband) suffered no injuries and has
refused to testify in this matter, the state refuses to
dismiss. To the best of my knowledge, there is no physical
evidence and no other witnesses who are willing to testify.

I read in Texas Statutes that the state has 90
days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a
sentence of imprisonment for more than 180 days; and that
the court must grant a motion to set aside an indictment,
information, or complaint if the state is not ready for
trial within that time period. Why has my attorney not
utilized this to our advantage?

Also, my ex-husband has been calling me repeatedly, offering "deals" - such as, "if you sleep with me, I will not testify" or "if you agree not to sue me or press criminal complaints/civil complaints against me, I will not testify". He makes these obscene offers via telephone. I record all of my calls. Can't we use these calls as evidence in our favor? What genuine "victim" would be harassing the "perpetrator" and demanding sex and such?
 


snostar

Senior Member
colima said:
Why has my attorney not
utilized this to our advantage?
What was the reason your attorney gave you when you asked him/her this question?

I record all of my calls. Can't we use these calls as evidence in our favor? What genuine "victim" would be harassing the "perpetrator" and demanding sex and such?
If the conversations were legally recorded they may be admissible, but only a judge can make that decision. Your husband is in no position to be "making deals" with you...this is pure BS.
 

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