Dallas, TX asked in Libel & Slander, Criminal Law and Civil Rights for Texas

Q: What if the investating officer tells the victim to do something for instance in my case my ex filed a report and put a

Criminal trespassing on me the officer told her that if she was in fear of me retaliating against her he said if she was that he could get a warrant for something she had said I did months before she made the report the officer thst issued a warrant and told her that when they come to our residence for her to leave town so that it appears she is in fear ,well the day came when they came to arrest me and I was gone but the officer asked my ex why she didn't leave cause now it was going to make them look bad in court so that is not justice what can I do

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is likely that none of that will matter if your criminal defense attorney is basically a plea broker. Hire the best criminal defense trial attorney who is based in the same county where the case is pending. The prosecutor will probably start from a position of believing that the officer's tactics are irrelevant to the question of whether or not you committed the crime. Depending on the facts, your attorney may be able to show that the officer encouraged the alleged victim to lie, and perhaps even committed a crime like False Report to Peace Officer, Tampering with a Government Record, or Perjury regarding the offense report and/or affidavit in support of the warrant. That won't change the fact that the real question is whether or not you did the crime, but it might undermine the prosecutor's confidence in being able to prove that you did beyond a reasonable doubt. That said, fighting the charges in this way will likely extend the time of the case and will almost certainly be very expensive.

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