San Antonio, TX asked in Criminal Law and Domestic Violence for Texas

Q: DA is assessing whether to press charges on a case in which complainant lied. How can my brother get ahead of it?

My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original statement was false, and has stated they do not want to press charges. Realizing the state can still choose to press charges, How can he get ahead of it so that he doesn’t end up with a new case that would ultimately impact his parole?

1 Lawyer Answer

A: The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to start contacting attorneys and hire one quickly-- an attorney who recognizes that this matter is extremely time-sensitive.

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