Bedford, TX asked in Criminal Law, Domestic Violence and Elder Law for Texas

Q: Could a friend be lying to me about hitting his mom?

A friend who has spent the past eight months in jail said that his mother who is 65 lied to the police, saying that he had hit her. I thought that while the police can arrest on her word only he would have to be tried and convicted in order to put him in jail more than a day or so- and that there would've had to be sufficient evidence such as bruising. How likely is it that he is lying to me? Can you really be put in jail for eight months by someone's words only? He was officially charged with injury to an elderly person. Prior to arrest he said his mother had called the police on him numerous times & that he was arrested because she lied that he hit her - and the police were tired of dealing with him. How likely is it he is lying?

*After 8 months he went to a hospital due to suicidal tendencies - following a 3 week stay he was released; There's a protection order for his mother

*According to him the DA will not drop Domestic abuse, even if the victim admitted lying

1 Lawyer Answer

Jeffrey Joseph

Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I would think that in order for a charge to actually be filed that the case rises to the level of probable cause that an offense was committed. That is above a 50% in the eyes of the police department and the prosecution's office. Does that mean that he is absolutely guilty? Of course not, because the standard is much higher at trial. He could very well be innocent under the reasonable doubt standard which would be applied to his case at trial. Based on the limited information you have about the case, I would presume him innocent at this point as we are directed to do by our Constitution. But as far as being in jail for 8 months... This seems like a bonding issue. Perhaps he needs to consult his court appointed lawyer about filing a motion to reduce his bail if he is unable to come up with the current amount.

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