Assault & Battery unlawful restraint class A misdemeanor

[Bamboo]

I was charged with this misdemeanor and also a class C misdemeanor assault charge. Nothing physical, basically the victim couldn't remember if I wouldn't let her leave our home. The victim has PTSD and I left our house after a heated discussion, the victim was in a crazy panicked state and couldn't remember all the details of our verbal fight. She did however state that I have never physically hurt her. I was on location when the police arrived, I turned myself in and am out on bond. Would like to know how to proceed, most of everything I have read states most individuals do not hire an attorney for a class C misdemeanor. Thank you so much

 

[Bamboo]

Sorry correction I was not on location when the police arrived, I found out about the warrents for my arrest and turned myself in over a month after this incident.

 

[Betty3]

In my opinion you should talk to an attorney. You can hold for other opinions.

 

[Bamboo]

I have consulted with an attorney, I was advised to get a signed affidavit from the victim, and the attorney fee is 3500. I am unable to pay the fee. The victim and I have been in a relationship for 6yrs, and still are. This is more of a mental health misunderstanding, the victim is in therapy for her PTSD. Wondering if I don't need a signed affidavit if she appears in court with me to state the misunderstanding. She does not wish to press charges.

 

[army judge]

I have consulted with an attorney, I was advised to get a signed affidavit from the victim, and the attorney fee is 3500. I am unable to pay the fee. The victim and I have been in a relationship for 6yrs, and still are. This is more of a mental health misunderstanding, the victim is in therapy for her PTSD. Wondering if I don't need a signed affidavit if she appears in court with me to state the misunderstanding. She does not wish to press charges.

The state doesn't need her to press charges to convict you.
A domestic violence conviction, even this low level one can ruin your life.

If you get convicted, that $3500 will look like a real sweet deal.

Bottom line, you're not going to just talk your way out of this mess.

You can be lawyered out. Good luck.

 

[Bamboo]

Thank you for the advice and I understand what you are saying. I would love to hire the attorney but sadly cannot afford the fees. Would a court appointed lawyer be offered to me in this situation?

 

[Betty3]

If you can't afford an attorney, you can ask the court if they will appoint one for you - the court will decide based on your finances.

 

[army judge]

Thank you for the advice and I understand what you are saying. I would love to hire the attorney but sadly cannot afford the fees. Would a court appointed lawyer be offered to me in this situation?

In Texas, you must be in dire financial straits to receive a ax payer funded attorney.

Most judges want PROOF, not assertions (as in the federal system).

Read the links, one even explains the financial aspect in great detail.

You might find this helpful:


http://faqs.egmlaw.com/probono.html

http://www.texasfairdefenseproject.org/how-to-request-a-lawyer/


http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.26.htm










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