When you’re arrested for assault in San Antonio, it can be tempting to put off making a decision. You’re first court date may be more than a month away, but it’s important to start making decisions right now to make sure that you walk away with the best result possible. Here is what you need to be doing and not doing before your first court date.
1. Talk to an Attorney Now
The most important thing you need to do is to call an attorney and schedule a consultation so that you can discuss your case. You need an attorney on your side working to get you the best result, we offer free consultations and flexible payment options so that fees are not a barrier to meeting with us. If you wait to hire an attorney, you may be putting yourself in a worse position and make it harder for you to get a dismissal. The police have finished their work on your case and have handed the file off to the DA’s office. The DA’s office is already working to get a conviction in your case. They already have the witness statements from the officer. They are probably already trying to contact the witnesses.
2. Don’t discuss the alleged assault with anyone
Anything you say about happened can be used against you when you’re charged with a assault. This includes any admissions and other statements. In most cases the state cannot make your spouse testify against you. In family violence crimes, the state can force your spouse to testify against you. I’ve seen several trials when family members and friends have been called to testify regarding what the defendant told them. It’s often the most damning evidence. You can discuss your case with an attorney. An attorney cannot be called to testify about what a client told them.
3. Don’t Ask the Victim Not to Testify
If you know the alleged victim in the case it can be tempting to ask them to drop the case or not testify against you in an assault case. It can be even more tempting when there is only one witness or if this is a family violence case or if you’re married to the alleged victim. Don’t’ do this. Asking a potential witness not to testify against you could be tampering with a witness, which is a felony. We don’t want you picking up any new charges. The other problem is that you’re making statements to a witness which could be used against you in court. Again, talk to your attorney before talking to anyone.
4. Follow any protective orders
When you’re released on bond on an assault case in San Antonio, it’s common for the judge to make it a condition of your bond that you not have any contact with the alleged victim. This means that for you to stay out of jail while your case is going on, you cannot have any contact with that person. On top of that, there may be a protective order that is signed by the judge which makes it illegal for you to have any contact with that person.
It’s important that you follow all protective orders and conditions of your bond. Violating a protective order is illegal and violating it can lead to the state filing more charges against you.
The alleged victim may be a spouse or a family member and they may want to have contact with you. If this is the case they can call your attorney. If they want contact and if the state agrees to remove the protective order, the judge may revoke the protective order.
5. Remember, Talk to an Attorney (It’s Imporant)
Assault cases are winnable, but you need an attorney who knows how to win these cases and is also going to keep you informed throughout the case. Some attorneys will pressure you into taking an offer at the first setting. You should rarely accept an offer at a first setting, especially in an assault case. Your attorney will be able to let you know what the right steps are to make it more likely that your cases is dismissed.
If you’re being charged with assault in San Antonio, call me at 210-900-2806 or schedule a consultation online to make it more likely that you get the best result in your case.