How Bexar County Should Handle Family Violence Cases 

In San Antonio, the district attorney's office says that we have a problem with family violence in Bexar County. Their approach is to be tough on crime and try and get as many convictions as they can. The problem with this approach is that it doesn't work. In 2019, the last year not affected by COVID, more than 50% of misdemeanor assault family violence cases were dismissed. Out of the cases that went to trial, the jury found the defendant not guilty most of the time.
These cases are hard for police and for the prosecutor. When the police show up, it can be difficult to tell what happened. There usually aren't' any other witnesses so it's a he-said she-said situation. Each person is saying the other started it, and they may both have scratches or injuries.
For the prosecutor it can be just as hard. They may also have a hard time knowing exactly what happened and in many family violence situations, the alleged victim may want the charges dismissed.
The DA should offer pretrial diversion on these cases when the alleged victim wants the case dismissed, there are only minor injuries, and there's not pattern of abuse. Most of these cases are going to get dismissed eventually. Pretrial diversion would mean that there case gets dismissed quicker, which is good for them, but they would have to attend family violence or anger management classes.
If you have any questions about this or if you're charged with a crime in San Antonio, feel free to call me at 210-942-4997 or schedule a consultation at the link below.
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Sean Henricksen Law Firm
San Antonio, Texas