My question involves criminal law for the state of: Texas
Me and my g/f got into an argument bc we both hate each other basically. She ended up throwing the keys at me while I sitting down and she was standing about 8feet away. She missed. But I jumped up and started yelling at her and said, "what are you going to hit me now B****?". She had hit me before and I have NEVER EVER hit her. I never touched her or threatened her or raised my fist at her. Yes I was yelling pretty loud and saying mean things like I'm going to leave her and report her to HUD and I wish I never had a baby with her. But that's it.
Well she told her daughter (13yo) to call the cops on me so I would leave bc I told her she had to evict me. I'm not on the lease but I do live there. Well the cops came and guess what. Yup you guessed it, I went to jail.
Well I just got the police report and the body cam footage and I think I have a really GREAT chance of getting this case dismissed.
First off, when they questioned my g/f if she was assaulted she said, "I think he grabbed my arm and I'm not sure if he pushed me back or not. I was just so mad I honestly cant remember." She changed her story like 3 times and the cop even asked her. Did he assault you or not. and she just kept saying she couldn't remember. That's in the police report also. but she did admit that she did throw the keys at me first bc she was mad. and that I did not hit her. and that she just wanted me to leave.
Well meanwhile, her daughter said I raised my hand at her and said I'm going to hit you B****. And my 6yo son was right there and he said, NO. he said no one hit anyone. lol That's MY BOYYYY. So the cop even put that in the report.
They barely even questioned me about the incident except if anyone had been assaulted. I said no. I did not admit to anything.
Well on the body cam footage the cops are talking about how they can take me to jail. And they bring up class C assault. And then one says no bc she threw the keys at me first. And my son said no one hit anyone. Bc her daughter was outside and didn't see anything except when she threw the keys at me, And they didnt even ask her daughter if she ever hit me. They only wanted to know if I hit her.
Basically I feel like they just put that charge on me to take me to jail bc she had her daughter there and she's pregnant and I wouldn't leave and they didn't want to arrest her even though she admitted she was the initial aggressor. BS right
Well I cant afford a lawyer and I cant get one appointed bc its only a class C misdemeanor. but with the lack of evidence and mixed statements, and her saying she honestly wasn't sure If I had touched her or not and admitting by her own words she was the initial aggressor, and how the cops talked on video footage for 5min trying to figure out how to arrest me... I'm thinking about trying to talk to the detective to see if they will just drop my charges. I know everyone says not to talk to anyone but the problem is I cant get a CDL job bc no one will hire me with a pending charge. and I cant not work for 2 years. so I really need to get this resolved ASAP and I cant hire a lawyer. Should I talk to them and be careful about saying to much? I'm really scared about not being able to get a job. Ive been turned down by 4 different places already and I need to get out of here before she accuses me of something more serious.
BTW they listed both of us as the suspect and victim. And I have still not left and statements to anyone yet and I don't plan on it. I just want to talk about dismissing my charge.
Thanks for the help. I'm currently living here with her still and cant get a job. And she thinks its a big joke. I keep telling her there going to after her too but she says shes willing to loose everything. so working together I think is out of the question. But she did say she would drop the charges after the baby is born in like 3 months. And I know witness tampering is illegal or whatever so I'm trying to not say to much about this to her. thanks again. sry for the long post.
Me and my g/f got into an argument bc we both hate each other basically. She ended up throwing the keys at me while I sitting down and she was standing about 8feet away. She missed. But I jumped up and started yelling at her and said, "what are you going to hit me now B****?". She had hit me before and I have NEVER EVER hit her. I never touched her or threatened her or raised my fist at her. Yes I was yelling pretty loud and saying mean things like I'm going to leave her and report her to HUD and I wish I never had a baby with her. But that's it.
Well she told her daughter (13yo) to call the cops on me so I would leave bc I told her she had to evict me. I'm not on the lease but I do live there. Well the cops came and guess what. Yup you guessed it, I went to jail.
Well I just got the police report and the body cam footage and I think I have a really GREAT chance of getting this case dismissed.
First off, when they questioned my g/f if she was assaulted she said, "I think he grabbed my arm and I'm not sure if he pushed me back or not. I was just so mad I honestly cant remember." She changed her story like 3 times and the cop even asked her. Did he assault you or not. and she just kept saying she couldn't remember. That's in the police report also. but she did admit that she did throw the keys at me first bc she was mad. and that I did not hit her. and that she just wanted me to leave.
Well meanwhile, her daughter said I raised my hand at her and said I'm going to hit you B****. And my 6yo son was right there and he said, NO. he said no one hit anyone. lol That's MY BOYYYY. So the cop even put that in the report.
They barely even questioned me about the incident except if anyone had been assaulted. I said no. I did not admit to anything.
Well on the body cam footage the cops are talking about how they can take me to jail. And they bring up class C assault. And then one says no bc she threw the keys at me first. And my son said no one hit anyone. Bc her daughter was outside and didn't see anything except when she threw the keys at me, And they didnt even ask her daughter if she ever hit me. They only wanted to know if I hit her.
Basically I feel like they just put that charge on me to take me to jail bc she had her daughter there and she's pregnant and I wouldn't leave and they didn't want to arrest her even though she admitted she was the initial aggressor. BS right
Well I cant afford a lawyer and I cant get one appointed bc its only a class C misdemeanor. but with the lack of evidence and mixed statements, and her saying she honestly wasn't sure If I had touched her or not and admitting by her own words she was the initial aggressor, and how the cops talked on video footage for 5min trying to figure out how to arrest me... I'm thinking about trying to talk to the detective to see if they will just drop my charges. I know everyone says not to talk to anyone but the problem is I cant get a CDL job bc no one will hire me with a pending charge. and I cant not work for 2 years. so I really need to get this resolved ASAP and I cant hire a lawyer. Should I talk to them and be careful about saying to much? I'm really scared about not being able to get a job. Ive been turned down by 4 different places already and I need to get out of here before she accuses me of something more serious.
BTW they listed both of us as the suspect and victim. And I have still not left and statements to anyone yet and I don't plan on it. I just want to talk about dismissing my charge.
Thanks for the help. I'm currently living here with her still and cant get a job. And she thinks its a big joke. I keep telling her there going to after her too but she says shes willing to loose everything. so working together I think is out of the question. But she did say she would drop the charges after the baby is born in like 3 months. And I know witness tampering is illegal or whatever so I'm trying to not say to much about this to her. thanks again. sry for the long post.
Threats and Intimidation: Can I File a Motion to Dismiss or Try to Talk to the Detective Class C Misdemeanor
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