This no contact rule of probation could be absolutely no contact or allow for supervised contact or access. The goal is to show extenuating circumstances or any other details that might reduce your sentence or eliminate the charges altogether. More importantly, this means you dont have to prove that you didnt do it. Sometimes the bond can be set extremely high. All the accuser has to allege is that they felt some physical pain. This is because if it is a bad case for the prosecution, then the Grand Jury will most likely return a No Bill and the prosecutor is not responsible for the decision to dismiss. When I came to I ran away and locked myself in the bathroom. Using the 911 call as evidence would not violate rules against hearsay, because: (1) the statements are made while the declarant (person talking) is under the stress of a dangerous situation (Excited Utterance); and (2) the 911 call is kept in the normal course of business of the police agency and the recording was accurately made (Business Records Exception). Under the Deferred prosecution Program, run by the Tarrant County Criminal District Attorneys Office, an offender is eligible forexpunctionof their record as soon as they complete DPP. The contact form sends information by non-encrypted email, which is not secure. We are left with a myopic, zealous charge into harsher criminal laws. Domestic violence in Texas is defined as an assault against a family member, specifically an assault against a family member that is intentionally, recklessly, or knowingly caused the victim bodily harm. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. After you have filled out your application, your lawyer must turn it in within 90 days of your case being filed. This is not legal advice. Sometimes these cases are difficult to defend because they are he said, she said cases, so youre left with trying to prove you DIDNT do it. A person commits assault impeding breathing when they commit assault family violenceby impeding the normal breathing or circulation of the victim. These are Third Degree Felony Assault charges, so the case must be presented to the Grand Jury. Find out what's popular at Intermarch Super et Drive in Bresson, Auvergne-Rhne-Alpes in real-time and see activity This is your first and best chance to have these charges dropped. Prosecutors, judges, and juries underestimate the seriousness and potential lethality of the choking. We see a lot of these cases where the State will offer a misdemeanor family violence probation and that can be a tough offer to turn down if you are looking at 2-10 in prison. Dont hesitate to reach out to Lisa Shapiro Strauss for help. Both DPP and FODP are designed to help offenders keep their record clean and avoid jail or prison. There may be ways to attack the admissibility statements like these, but if your lawyer lacks experience or does not devote the required time to you case, you may miss opportunities to beat your charges. The rarer form of assault family violence accusation ishangingwhich is suspension by a cord wrapped around the neck. The police told my client someone had to go to jail, him or her. The first step to avoiding a probation revocation for your assault family violence assault impeding breath or blood case is understanding the terms and conditions of your probation. Defendant in Sexual Assault Case Unsuccessfully Argues that Jury Shouldnt Have Found Him Guilty, Defendant in Assault Case Loses Argument Before Fourth Court of Appeals, Defendant in Aggravated Sexual Assault Case Loses Appeal Before Texas Court of Appeals. This is an extremely complex area of law, and you should consult a criminal defense attorney familiar with these issues; however, below is a classic example of a persons statements being used without the person actually testifying.