The 10 biggest mistakes most people make after being arrested for a Assault in Texas . . .
and how to avoid them.

1. Not taking the matter seriously. This is a charge that can follow you for the rest of your life if you are convicted. In fact, it will stay on your record even after your death if you are convicted.


2. Not hiring an attorney quickly. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.


3. Hiring an attorney based on the amount of the fee alone. The State of Texas has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will probably have too many clients, and not enough time to give your case the personal attention you deserve. Look for a reasonable, predictable fee, not the lowest. A friend of mine once said, "find an attorney you like, then find a way to pay them."


4. Telling the complaining witness to go speak with the prosecutor/police. Sending in the complaining witness to speak to the prosecutor, investigator, or police is a huge mistake. Not only can their words be twisted, but they can be used AGAINST not only you but the witness! I have seen prosecutors and police threaten witnesses by saying they will file on them for creating a false police report!s


5. Having the complaining witness fill out the STATE's affidavit of non-prosecution. These affidavits are not designed to help you -- they are designed to help the State. It is a much better practice to go over an affidavit with a well versed attorney instead of using a government created form.


6. Not taking full advantage of your constitutional rights. This usually happens when you try to handle the case on your own, or hire an attorney not versed in Assault laws.


7. Taking the prosecutor's first offer. The first offer is usually not a bargain, it's just to get rid of your case with the least amount of work. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.


8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.


9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you. Talking to friends, etc. may be nice and comforting, BUT EVERY CASE IS DIFFERENT. Just because your something happened in your friend's case, doesn't mean it will happen in yours. Different counties, different judges, different facts mean different results.


10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you. There is no way around it. It has been said that "an attorney who represents themselves in court, has a fool for a client." EVEN ATTORNEYS charged with Assault will hire an Assault attorney to represent them in court. What does that tell you??

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