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biased county attorney-family violence

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Junior Member
What is the name of your state? Texas

In March of this year, my husband and I got in an argument in front of my son, and his son. My husband pushed me a few times, and the cops ended up being called. I was asked if I wanted to press charges, I told them no. I also gave a statement, telling them that we were arguing, and that he pushed me.
They arrested him, and held him for 8 hours, after which he was allowed to bond out. In the meantime, I took his son back to his mother, and my son and I stayed in a motel in that city for two nights, not out of fear, but for a break. My husband and I work together, and spend almost 24/7 together.
Over a month later, I went to speak to the County Attorney, about a different matter, concerning charges against someone who was endagering public health. At that time, I also asked him about what was going on concerning the family violence. At that time, he told me as it was a first offense, unless I wanted to press charges, that he would offer a deferred probation, contigent on anger management classes. I told him I DID NOT want to press charges, as it was basically a stress/money related argument. The CA then told me that the case had not even reached him yet, but that he knew my husband had been arrested the previous month.
A few weeks later, my husband received a letter from the CA stating that he was prepared to issue an arrest warrant if my husband did not contact him within 10 days regarding this matter. My husband went to see the CA the next morning. He asked why he was to be arrested, and the CA replied it was due to the family violence charge. My husband told him that he had already bonded out on this, to which the CA pleaded ignorance, even though he had told me a few weeks before that he knew he had been in jail. The CA then offered him one year full probation, with home visits, etc. If my husband refused this, the CA told him that he was prepared to go to trial and go after 1 year in jail. My husband told him he would think about it, and the CA told him he would start drawing up the paperwork. As my husband was leaving, the CA made the comment, "I finally get to get your ass." (Needless to say, they are not exactly on friendly terms - and this is not a new issue.)
We decided to hire a lawyer, due to the difference in what I was told, and what my husband was offered, and the final statement from the CA. The lawyer said he didn't understand the one year, and also questioned me on what I wanted done. I told him that I could see anger management, so that my husband could learn how to release anger in other ways.
The lawyer told us that the date for court was set for June 27, 2006. However, three days later, my husband received a letter, stating that he was to be in court May 2?, 2006. When we contacted the lawyer, he said no, that the date was definately the 27th. A few days later, we see my husband's name in the paper for assault, family violence for docket on May 2?, 2006. This is the last we hear of it, except for our attorney, who is confident that as long as I don't press charges, and my husband will willing go to anger management, that will be the end of it.
Earlier today, his attorney called, and wanted him to meet with him ASAP. When myhusband got there, his attorney asked him, "What did you do to make the CA mad?" It turns out that the CA now is only willing to take this to a jury trial. When his attorney talked to CA this afternooon, and brought up husband's name, the CA became "visibly enraged" and began "speaking very loudly".
We have a good idea why he is doing this, which goes back to the the public health/safety issue I had previously spoke to the CA about. You see, the CA had let this case sit on his desk since January of this year, and as it also could affect our business, and there was according to police, and inspectors, "plenty enough to prosecute", we wanted something done. My husband and I both spoke to the local mayor, our local state representative, and two local judges. We also contacted state health authorities (which the CA had claimed to have done, yet no one can find his alleged letter - including the CA's own secretary.) To make a long story short, it came to public light that the CA had dropped the ball, and didn't want to prosecute the health related case, and he was called on the carpet by several other officials. This happened within the past few days. We feel, as does our attorney, that this is some sort of retaliation now, as the CA told our attorney, that this is the fourth or fifth time I have filed, and then "dropped" charges. This is the first time I have filed, and as I never pressed charges, I couldn't exactly drop them.
What, if anything can we do? And yes, our attorney is looking into it, but we want to explore this further ourselves.


Senior Member
What you can do after all of that, is to listen to your attorney. No one here knows the facts of either case or the parties involved and NO attorney here is going to second-guess your attorney who does.

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