Assault Charges

[S.Wilsford]

What is the name of your state? Texas
My husband and I must return to court on Jan. 5th for Assault w/bodily injury charges which we have plead not guilty. I have found where under Texas Law this assault is justified due to self-defense. I can not justify paying an attorney, I feel I can defend us and I have found all supporting information in the Texas Penal Codes and Statutes to do so. However, I am having trouble finding the proper steps I need to take prior to the hearing. What is the name of the form to file requesting the DA's information on the case such as the complaint and all other information neccessary to create a defense? Also, I know there is a Motion I can file asking that the case be dismissed that should allow explanation as to why it should be void. Can you tell me the name of such Motion? I will be more than happy to give you more information if this is not enough. Thank you.

 

[HomeGuru]

What is the name of your state? Texas
My husband and I must return to court on Jan. 5th for Assault w/bodily injury charges which we have plead not guilty. I have found where under Texas Law this assault is justified due to self-defense. I can not justify paying an attorney, I feel I can defend us and I have found all supporting information in the Texas Penal Codes and Statutes to do so. However, I am having trouble finding the proper steps I need to take prior to the hearing. What is the name of the form to file requesting the DA's information on the case such as the complaint and all other information neccessary to create a defense? Also, I know there is a Motion I can file asking that the case be dismissed that should allow explanation as to why it should be void. Can you tell me the name of such Motion? I will be more than happy to give you more information if this is not enough. Thank you.

**A: judging from your questions, I am of the opinion that you do not have the proper training and experience to defend the both of you.

 

[calatty]

I agree. If you have to ask these questions, you have no idea what you are doing. It is always a horrible idea to represent yourself in a criminal case. Would you rebuild an engine if you had no training in mechanics, or fly a plane because you read a book about it?

 

[HomeGuru]

Or perform surgery on yourself by reading a page from WebMD.

 

[S.Wilsford]

If I wanted to be represented by an attorney, what would be the first thing they would do as far as filing some type of request for information or motion? I believe the law is basically interrpretation and presentation. If I feel I can present the facts of my case, apply the correct statute, code, case law, etc., and am familiar with the entire statute, codes, case law, etc., concerning the charge (looking at it from "both" sides) than I see no reason not do defend myself. BUT.. if I do not know the correct forms I should file than I automatically weaken my defense! This is why I came to you to search for the answer. But if you are unable to answer my question, I will look elsewhere. Thank you for your time.

 

[hexeliebe]

If I wanted to be represented by an attorney, what would be the first thing they would do as far as filing some type of request for information or motion? I believe the law is basically interrpretation and presentation. If I feel I can present the facts of my case, apply the correct statute, code, case law, etc., and am familiar with the entire statute, codes, case law, etc., concerning the charge (looking at it from "both" sides) than I see no reason not do defend myself. BUT.. if I do not know the correct forms I should file than I automatically weaken my defense! This is why I came to you to search for the answer. But if you are unable to answer my question, I will look elsewhere. Thank you for your time.

The mere fact that you have not spell checked this post is one of the factors that will disqualify any motion you file on your own behalf.

Another point you fail to grasp is that a courtroom is a liquid environment. it changes from moment to moment. You don't only need to know the law regarding assault and relevant case history, but you need to know how to respond to each and every situation that may occur in the courtroom.

In other words, you are not prepared. and you will have a fool for a client. But that's your right under the constitution.

 

[S.Wilsford]

Pre-Trial was this past Monday. Agreed to change our plea to No Contest and was given time served. No lawyer fee and no additional out of pocket expense.

 

[stephenk]

Great job!

Now you have a criminal record.

Did your husband do the same as you did?

 

[S.Wilsford]

Yes, my husband did the same. And if I'm not mistaken, following an arrest on a complaint, the DA must decide if it is valid and supported by enough evidence for the State to pursue charges. If so, you are charged and a date is set for pleadings. I do not know about the arrest itself, but once you are charged, it becomes part of your criminal record! Just because you hire an attorney, plea not guilty, and all is dropped, does not mean it does not become part of your criminal record. I no this for fact because me and my husband both already have a criminal record. One difference, before we ever met we irronically were arrested for the same type of criminal offense and charged. Both of us paid $5,000 to an attorney for representation, we were both given 7 years non-adjudicated probation, with community service and classes(which by the way was how we met!) both our lawyers told us that after it was all said and done it would not be on our record. You pull them up today and you will find that my husband still has this on his record, mine is clean! I believe it is called an ex parte petition for expunction of records, but whatever it is called, either your attorney or yourself has got to make some type of motion/request to the court where charges take place asking that they be removed from your criminal record!!! So yes, now I have assault on my criminal record. No matter if I hired an attorney or not, no matter my plea, no matter the outcome, it would still be on my criminal record. I just saved $1,000 by not hiring a lawyer!

 

[cscjta]

But there is a difference between it being on your record with a "Dismissed" next to it versus "Guilty"!!!!!!!!!!!!!!!!

 

[S.Wilsford]

Will it show as guilty or no contest? Wouldn't suprise me. I am already considering giving the DA a call. Don't get me wrong, I wish I had the money to hire an attorney whenever needed, but this time we just didn't.

 

[stephenk]

you will now have a conviction on your record. say goodbye to any well paying job in the future. But then again, with you and hubby having regular contact with the justice system, I doubt a high paying job was going to be part of your life.

 

[S.Wilsford]

Because of our attempt to protect our property and ourselves by preventing a sorry excuse for a man from going to his vehicle and pulling a gun on us, which he is known for doing, and DID when we kindly allowed him to go to his vehicle, we were charged with ASSAULT. I despise guns! I had one pointed in my face and at my horse! "IF" for some reason the day comes that I am not hired for a job solely because of this charge (if I am given the opportunity to tell them about it) then you can bet your ass they would not be the type of people I would want to work for in the first place. Also, this is the first "run in" either of us have had with the law in over 8 years, but I guess some people may consider that regular. My husband is self-employed. He does ceramic tile, stone, and marble. He is booked solid for months at a time and has only been working on his own for a little less than two years. I guess we do o.k. for a couple of "habitual criminals"