Los Angeles, CA asked in Criminal Law for Texas

Q: Im in California, ex got indicted for felony DV in BEXAr.what are the chances he will be convicted without my presence?

Hi, so a couple of years ago my ex beat me up one night. And I went to the police the next day, they filed a report, took pictures and took my statement as well.

During the course of the attack he tried to choke me, which made it into a felony case, as the officer informed me.

I tried to drop the charges, unknowingly that Texas would still prosecute until my ex reached out and asked me to sign an affidavit that said I was lying, to which I told him I wouldn't because I wasn't lying. I just didn't care to prosecute anymore as I was leaving the state (I'm originally from California)

Now the case was indicted by the grand jury and the DA has reached out asking me to testify and be a witness.

My question is can they still win this without me there?

I do not wish to put myself in danger and he's already proven to be able to have weapons even when on probation. I'm not about to serve myself up on a silver platter.

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1 Lawyer Answer
John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Your situation is familiar as I have handled many of these types of cases. The DA can prosecute without your consent. However, they can not win a criminal trial on DV without the victim appearing in court to testify.

You may get subpoenaed to come to court. Your are obligated to go, but when the "victim" does not appear in court the case gets dismissed.

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