We have seen the police report against us. It is very weak. The police stated that they closed the case, but the other family member wanted to prosecute against us.It is a family matter. It is only one witness testimony and we have witnesses that can prove she is lying.
Would we be able to get our charges dropped? We have felony indictment on witness testimony alone. We were not able to give any evidence to grand jury.What can we do?
Many cases are based on just one witness, so that is not unusual. However, if the one witness is not believed you could win in trial or even in negotiations. Many things are a "family matter "but still a crime although you probably mean that what happened did not rise to the level of a crime. Really, you need to get a good attorney who has experience in Dallas county to fight for you. Most attorneys will offer a free initial consultation. Search here on avvo for an attorney you would want to represent you and call that attorney.
I'm not sure who "we" is. The defendant needs to hire an attorney. It sounds like he or she has been indicted, which means that person will have a court date shortly if they do not already. The police did not close the case if they sent it to the DA's office for indictment. It will now be up to the DA to decide what they are willing to offer (if anything) and if they are willing to go forward. It will be up to the defendant's attorney to represent the client's best interest in the negotiations and seek to have the case dismissed if at all possible. The defendant's best move at this point is to interview local experienced defense attorneys. Most of us offer free consultations, so just start calling around.
In Texas, the One Witness Rule does apply. This means that if the state is able to get the trier of fact to believe one witness to each element of the offense beyond a reasonable doubt then you can be convicted of that offense. There appear to be weaknesses in your case, but you will need an experienced criminal defense attorney to represent you and use those weaknesses to your advantage. Call a local attorney today for a free consultation.
What you can do and what you need to do is hire a criminal defense attorney. All we know is what you chose to write here. That is not enough for a meaningful look at the facts.
