Asked 2/1/2016 – Abilene, TX

I have a criminal charge pending for domestic violence from a year ago in which we where both drunk and arguing and the cops got called but I didn’t actually do anything but due to my past history they are trying to offer me 8 years Tdc so what all can I do I want the charges dropped this happened a year ago and we are still together she dropped all charges but state pick it up what can I do

Answer

You have to go through the process. Once the police are called, you lose control of what happens next. No one will be able to just sign a piece of paper and make this go away. You will have to set the case for trial and make the State prove the allegations against you beyond a reasonable doubt. The complaining witness can then appear in court and explain what happened, A Judge or jury can then decide what to believe. I’m sure the statements given to the police at the time of the incident is different from what everyone’s recollection is now.