Asked 2/22/2016 – Houston, TX

My husband and I had a problem of domestic violences back in September 2015. I did not want to press charges, but as usual the state took the case and proceeded. Now the case has been set for trial on march 3rd. The court only has my 911 call, my police report and the statement the DA took on the first day of his trial. I did not say anything that could affect him, in fact the DA mentioned the case was not a priority for him and the Judge said the same thing, however they mentiones they have to follow the States steps and take it to trial. They have had no contact with me and I do not plan on testifying against him either. In fact I do not plan on going to trial at all. What are the possibilities the case can be dismissed if I do not testify therefor they have no witness and no case without me?

Answer

If there is insufficient evidence to prove your husband committed the offense of assault/family violence, he will be found not guilty. The appearance and testimony of the complaining witness/victim (which is you) is generally crucial for the State to proceed; however, the State does have other evidence to present to the jury (the 911 recording, your previous statements, etc.). I have no idea if this evidence is sufficient to obtain a conviction, but the State has the option to proceed if they choose. Speak with your husband’s attorney about the extraneous evidence.