Carthage, TX Criminal Defense Law Firms & Lawyers

In most cases, I will be able to keep it off his record. First we have to look to see if there are any constitutional violations. Your son needs an attorney.

If the DA has accepted charges against her, there will be a case against her until there's not. What happens from here depends in large part upon the County in which the charges were filed. At some point the DA's office will contact you to ask about what happened. After that call they may indeed decide to drop the charges. However, if the case is in a bigger County, like Harris County, your statement may simply result in the case being transferred to another group, whose job is to prosecute cases in which the victime (in this case you) has recanted (said it didn't happen or refused to aid the DA's with prosecuting). IF that happens, my suggestion is that you guys hire a good defense attorney who can aggressively pursue a dismissal, or, in the event they refuse to dismiss it, can try the case to a jury and prove your wife's innocence. Your initial assessment is fairly accurate; they don't have a lot of evidence against your wife. But, that certainly hasn't stopped DA's from prosecuting cases in many other circumstances. So, hope for the best, but be prepared for the worst, is my advice.

If you were placed on deferred and successfully discharged, the you would have no conviction and could answer "no". But, you would need to make certain that the deferred has been discharged and the dismissal was signed by the judge.