Asked 8/9/17 – Austin, TX

My roommate is an unemployed alcoholic with a pending felony. I have recently asked him to move out and he is being vindictive. He has pressed to Class A Misdemeanor charges against me (Terroristic Threat & Invasive Visual Recording). I did send threatening messages demanding rent which he purposely avoided and responded to in a way that made ME feel threatened. I also came home one night to his bedroom door open and him passed out drunk and naked with another woman. I snapped a picture to document the obscene situation and only sent the image to him via text message. I have no previous convictions of this nature. I’m curious to know what my options are moving forward and if a judge or DA can throw this out of court before trial if everything has been civil on my end since that one incident. I have had no substantial communication with him in over 9 days. Is a personal bond an option and should I consult a lawyer before approaching police to get this handled? If it is determined that these charges were filed vindictively how or will he be held accountable?

Answer

Anything is POSSIBLE, but the question is whether the State can prove beyond a reasonable doubt if you committed an offense. It is up to the District Attorney on whether to proceed in this matter, and the DA can choose to prosecute or not, but the fact you have no previous criminal convictions will not cause a case to be “thrown out”. You will have to go through the process by retaining an attorney, appearing in court as directed and discovering your options. Good luck.