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Can You Beat a DWI If You Failed the Field Sobriety Tests? The police report says you failed every field sobriety test. Six clues on your eyes. Eight clues on the walk and turn. Four clues on the one leg stand. Sounds terrible, right? Here’s the problem: you don’t get convicted because an officer writes the word “failed” in a police report. So what are those field sobriety tests actually looking for? And how can a case that looks terrible on paper look very different when you watch the video? There Are Three Standardized Tests The three standardized field sobriety tests commonly used in a Texas DWI investigation are the Horizontal Gaze Nystagmus, or HGN, the Walk and Turn, and the One Leg Stand. On HGN, the officer is looking for specific eye movement clues. On the Walk and Turn, the officer watches things like whether you maintain the instructional stance, start too early, miss heel to toe, step off the line, use your arms for balance, turn incorrectly, stop, or take the wrong number of steps. On the One Leg Stand, the officer is looking for things like swaying, using your arms for balance, hopping, or putting the foot down. The officer takes those observations and uses them as part of the probable cause decision to arrest you. But the phrase “failed the field sobriety tests” often hides a lot of important detail. These are not school tests. You don’t get a 70 and pass or a 60 and fail. The officer is looking for standardized clues that the government associates with possible intoxication. That is a much more precise way to think about them. The Video Is Often More Important Than the Report Here’s the first thing I want in one of these cases: the video. Because the report might say, “Subject exhibited six out of eight clues on the Walk and Turn.” What does that actually look like? Did the person nearly fall over? Or did they miss heel to toe by two inches on two steps? Did they wander into traffic? Or did they turn differently than the officer instructed? Did they use their arms because they had no balance? Or did an officer count a small arm movement as a clue while the person otherwise walked nine steps down and nine steps back without a problem? Those distinctions matter to jurors. The officer knows the scoring system. The jury sees a human being standing on the side of the road at midnight with flashing lights, traffic, wind, stress, and an officer staring at them. Those are two very different perspectives. Standardization Matters The next question is: were the tests administered correctly? These are called standardized field sobriety tests for a reason. The instructions matter. The demonstrations matter. The position of the stimulus in the HGN test matters. The timing matters. The surface matters. The opportunity to understand the instructions matters. If an officer changes the test, rushes the instructions, gives confusing directions, or administers it under conditions that make reliable performance more difficult, that is something I want to know. That doesn’t automatically throw the entire case out. But if the State is going to stand in front of a jury and say, “These tests show intoxication,” then I want to know whether the officer actually used the standardized procedure the tests were built around. Physical Conditions Matter Now let’s talk about the human being taking the test. Do you have a knee injury? Back problems? An ankle that has been surgically repaired? Balance issues? Vision problems? Were you wearing boots, heels, sandals, or some kind of footwear that made the test more difficult? Were you standing on a sloped shoulder next to a highway? Was it cold? Was it raining? Were cars flying past you at 60 miles an hour? Were you exhausted? Those things do not automatically explain away every clue. But they can matter. And this is where I dislike blanket statements like, “He failed because he was drunk.” Maybe. Or maybe a particular clue has another reasonable explanation. The defense doesn’t have to pretend the test never happened. We need to explain what the evidence actually means. HGN Is Different From the Walking Tests HGN deserves its own category because it is harder for a jury to independently evaluate. On the Walk and Turn, the jury can watch you walk. On the One Leg Stand, the jury can watch whether you put your foot down. With HGN, the officer is looking at subtle eye movement that usually is not captured clearly enough on ordinary bodycam for a juror to independently score it. So the officer’s training and administration become particularly important. Did the officer properly check for equal pupil size and equal tracking? Was the stimulus positioned and moved appropriately? Did the officer hold it long enough where the protocol calls for it? Were there environmental or medical issues worth investigating? Again, I’m not saying HGN is fake. I’m saying that if the State’s strongest evidence is something only the officer claims to have seen, the defense should examine how that conclusion was reached. Bad Field Sobriety Tests Do Not Equal Automatic Conviction This is the most important point. Texas defines intoxication in two general ways: not having the normal use of your mental or physical faculties because of alcohol, drugs, or another substance, or having an alcohol concentration of .08 or more. Field sobriety tests are evidence that may support the first theory. They are not the legal definition by themselves. So I want the entire picture. How was the driving? Did you respond normally to the officer? Could you find your license and insurance? Did you understand questions? Were you able to communicate clearly? What does your speech sound like on video? Did you get out of the vehicle normally? What do the breath or blood results show, if there are any? Did you refuse a specimen? The case is the whole movie, not three minutes of roadside exercises. How I Would Attack a Field Sobriety Case If a client comes in and the report says they failed the tests, here’s the process. First, I watch the entire bodycam from before the tests start. I don’t just watch the officer’s highlight reel. Second, I compare the officer’s written clues to the video. If the report says “could not maintain balance,” I want to see exactly what that means. Third, I look at the instructions. Were they clear? Were they standardized? Did the officer demonstrate what they wanted? Fourth, I look at the environment and the client’s physical condition. Fifth, I compare those tests to everything else. If somebody supposedly cannot stand on one leg for 30 seconds but then walks normally, speaks normally, handles their property normally, and appears coordinated through the rest of an hour long video, that contrast matters. And finally, I decide whether the field sobriety evidence is something we can attack in negotiation or something a jury needs to see for themselves. Can You Beat a DWI If You Failed the Field Sobriety Tests? Absolutely possible. But not because the tests “don’t count.” They count. The questions are: Were they administered correctly? Were the clues scored fairly? Do physical or environmental factors explain part of the performance? What does the video actually show? And when we look at everything together, can the State prove intoxication beyond a reasonable doubt? That’s the real question. What Should You Do Next? If you were arrested for DWI in Collin County and the officer says you failed the field sobriety tests, don’t plead guilty based on the police report. Get the video. I’m Steve Sears with The Sears Law Firm in Frisco, Texas. If you want me to go through the evidence and tell you what I actually see, reach out to my office and we’ll take a look.
Understanding the statutory waiting periods in Texas is essential to timing your petition correctly. Learn more here about when you can clear your record.
What Happens If You Blow Over .15 on a Breath Test in Texas? You blew a .16, a .18, maybe a .20 on a breath test in Texas, and now you think the case is over. It’s not. But .15 is not just another number in a DWI case. In Texas, crossing that line changes the legal classification of the offense, it can change what happens on probation, and it can change the way a prosecutor looks at the case. So what exactly does a .15 or higher breath result change? What does it not change? And what are the three things I would immediately look at before I ever told a client to panic about the number? .15 Changes the Level of the Charge First, .15 changes the punishment range. A normal first offense DWI in Texas is generally a Class B misdemeanor. But if an analysis of your blood, breath, or urine shows an alcohol concentration of .15 or more at the time the analysis is performed, Texas law elevates the DWI to a Class A misdemeanor. That matters. A Class B misdemeanor carries up to 180 days in county jail and up to a $2,000 fine. A Class A misdemeanor carries up to one year in county jail and up to a $4,000 fine. Now, does that mean a first time DWI client with a .16 is going to spend a year in jail? No. Maximum punishment and likely outcome are two completely different concepts. But the State now has a higher level misdemeanor, more punishment available, and usually more leverage in negotiation. So when someone tells me, “It’s only a first DWI,” my next question is: What was the test result? Because a .15 allegation changes the case. The Statute Has a Detail Most People Miss Second, here’s a technical point that actually matters. The .15 enhancement is written around the concentration shown when the specimen is analyzed. It is not written as, “The State must prove your BAC was .15 at the exact second you were driving” for that enhancement. That is different from the basic DWI question. To convict you of DWI, the State still has to prove that you were intoxicated while operating a motor vehicle in a public place. Those are two related questions, but they are not identical. So imagine this: You’re stopped at 11:30. You’re arrested around midnight. You take an evidentiary breath test later at the station and it reads .16. The prosecutor is going to use that .16 aggressively. But we still care about what happened before the test: your driving, your speech, your balance, your field sobriety tests, the timing, what you drank, when you drank it, and what the video actually shows. A number matters. Context still matters too. A High Number Does Not Make the Machine Infallible Third, a breath test printout is evidence. It is not scripture. When I get a breath case, I want the technical material behind the number. I want to know what instrument was used, whether it was in proper working order, what the maintenance and inspection records show, whether the test was administered under the required protocol, what happened during the observation period before the sample, whether the test sequence showed anything unusual, and whether the bodycam or station video shows something inconsistent with the paper record. I’m not telling you every .18 breath test is wrong. Most challenges are not that simple. What I’m saying is that if the State wants to use a scientific looking number to increase the level of the offense, then the defense should actually examine the science and the procedure behind that number. And sometimes the most important defense isn’t even the machine. Maybe the stop was bad. Maybe the State can’t prove operation. Maybe the officer’s video does not look anything like the police report. Maybe the timing creates a real issue about what the result means in relation to the driving. Don’t let one ugly number make you stop analyzing the rest of the case. .15 Can Matter After Conviction Too Fourth, .15 can change what happens if the case ends in a conviction and community supervision. Texas law generally requires an ignition interlock as a condition of community supervision when the .15 or higher enhancement is established. That means the consequence is not just, “The charge is a Class A instead of a Class B.” It can affect the structure of probation too. And this is why plea negotiations matter. If the State alleges .15 or more, I want to know whether the evidence actually supports that enhancement and whether there is a legitimate path to resolve the case without it. Sometimes the fight is over the entire DWI. Sometimes the fight is over the enhancement. Those are not the same objective, and a good defense strategy needs to know which battle actually improves the client’s life. Your Driver’s License Case Is Separate Fifth, don’t confuse the criminal .15 enhancement with the driver’s license case. Texas has a separate Administrative License Revocation process through DPS. If you provide a breath specimen at .08 or higher, that can trigger an ALR failure suspension. For an adult on a first ALR failure, the suspension period is generally 90 days. The fact that your result is .16 instead of .10 does not, by itself, turn that first ALR failure into some special .15 driver’s license suspension. A refusal is treated differently and can produce a longer ALR suspension. So you can have two cases moving at the same time: the criminal DWI in county court and the administrative license case with DPS. Same arrest. Different proceedings. Different deadlines. Different issues. That distinction matters because people sometimes focus completely on the criminal charge and accidentally lose their driver’s license hearing deadline. What I Would Actually Do With a .15+ Case So if somebody walks into my office with a .15, .18, or .20 breath result, what am I actually doing? Number one: I get the video. I want to see whether the person on camera looks like the number the State is going to put on a screen in front of a jury. Number two: I get the breath test records. If the State is relying on the number, I want the documents behind it. Number three: I attack the timeline. When were you stopped? When was the last drink? When was the test? What was happening during the gap? Number four: I still analyze the stop, detention, arrest, and field sobriety evidence. A high result does not cure an illegal stop. Number five: I figure out what the actual goal should be. Dismissal? Suppression? Getting below the .15 enhancement? Trial? A negotiated resolution that protects the client’s record and career? The strategy depends on the evidence, not just the decimal point. What Really Happens If You Blow Over .15 in Texas? So what really happens if you blow over .15 in Texas? The DWI can be elevated from a Class B misdemeanor to a Class A misdemeanor. The number is powerful evidence, but it does not replace the State’s obligation to prove that you were intoxicated while operating the vehicle. The breath test itself should still be investigated. The .15 finding can have additional consequences if you end up on community supervision. And your driver’s license case is separate, and you cannot ignore it while everybody is staring at the breath number. A .15 is a problem. It is not a guilty plea. What Should You Do Next? If you were arrested for DWI in Frisco, McKinney, Plano, or elsewhere in Collin County and your breath result was .15 or higher, don’t assume the number tells you the outcome. I’m Steve Sears with The Sears Law Firm in Frisco, Texas. My job is to get the evidence, figure out what the State can actually prove, and build the strategy around your real case. If you want me to look at it, reach out to my office and we’ll go through it.
Can You Get an Assault Family Violence Case Dismissed in Collin County? Can you actually get an Assault Family Violence case dismissed in Collin County? Yes. But probably not for the reason most people think. Your spouse saying, “I don’t want to press charges,” does not automatically dismiss the case. Signing an affidavit does not automatically dismiss the case. And walking into court and explaining that this was all a misunderstanding definitely does not automatically dismiss the case. So what actually gets family violence cases dismissed? What usually does not work? And what mistakes can take a very defensible case and make it significantly harder? What Does the Actual Evidence Show? The first question is: What does the evidence actually show? This sounds obvious, but people skip this step. They immediately tell me, “My wife wants to drop it.” That’s useful information, but that’s not where I start. I want to know what the 911 call sounds like. What does the body camera show? Are there photographs? Are there injuries? Are those injuries consistent with the story? Did anybody else witness what happened? What did you say to the police? What did the alleged victim say? Did those stories change? Is there surveillance footage? Are there text messages before or after the incident? Because a police report is somebody’s summary of an event. The video is often much more interesting. I’ve seen cases where the written report sounds terrible, and then you watch the bodycam and realize the situation is nowhere near as clear as the report makes it sound. I’ve also seen the opposite. The point is: we don’t defend the police report. We defend the actual evidence. Is the Complaining Witness Credible? Family violence cases frequently turn on credibility. Imagine a case where one person says, “He punched me.” And the other person says, “I never punched her. She was hitting me, and I grabbed her wrists to stop her.” Now we have a completely different case. So what do I look for? Consistency. Did the alleged victim tell the 911 operator one thing and tell the officer something different? Did they say there was a punch but there are no injuries where you would expect them? Does the bodycam contradict part of the story? Were they extremely intoxicated? Did they admit that they hit the defendant first? Do text messages from immediately afterward tell a different story? Are there motives to exaggerate? Divorce. Custody. Infidelity. Money. A breakup. None of those things automatically mean somebody is lying. But they are context. And if the entire case depends on one person’s story, credibility matters a lot. Self Defense Can Completely Change the Case The next question is: Was this actually self defense? This is one of the biggest issues I see in these cases. People think self defense means, “I didn’t touch anybody.” No. Sometimes the defense is: “I absolutely touched them. I was legally justified in doing it.” If someone is hitting you, you don’t necessarily have to stand there and absorb punches because you’re married to them. If somebody comes at you and you push them away to protect yourself, the fact that they fall down does not automatically make you guilty of assault. The important questions become: Who initiated the physical confrontation? What level of force was being used? What did you reasonably believe was about to happen? How much force did you use in response? Did you stop once the threat stopped? This is where video, injuries, witness statements, and the physical layout of the scene can become incredibly important. A case that looks like, “Husband pushed wife,” may look completely different when the evidence shows, “Wife repeatedly struck husband, and husband pushed her backward to get away.” Same push. Completely different legal analysis. What If the Alleged Victim Doesn’t Want to Prosecute? The alleged victim not wanting the case to continue absolutely matters. But it doesn’t work the way people think. The alleged victim doesn’t own the criminal case. The State of Texas does. So they cannot simply walk into the courthouse and say, “I drop the charges.” But their position can still be extremely important. If the complaining witness says, “I don’t want this prosecuted,” “I wasn’t afraid,” “The police misunderstood what I said,” “I was the aggressor,” or “What I originally told the police wasn’t accurate,” those things can materially affect the strength of the prosecution. Sometimes we use a carefully prepared affidavit. Sometimes the complaining witness speaks with the prosecutor. Sometimes they have their own attorney. But here is the critical part: The defendant should not be coaching that process. Do not write the affidavit for them. Do not tell them what to say. Do not threaten them. Do not promise them something in exchange for changing their story. And if there is a no contact order, you don’t contact them at all just because “they’re okay with it.” You can take a potentially dismissible misdemeanor and turn it into a much uglier case very quickly. Sometimes the State Simply Cannot Prove the Case The biggest question is: Can the prosecutor actually prove the allegation beyond a reasonable doubt? That’s the question. Not, “Did somebody get arrested?” Not, “Did the officer believe the alleged victim?” Not even, “Did something happen that night?” The question at trial is whether the State can prove the charged offense beyond a reasonable doubt. Suppose the alleged victim does not testify. The State may still have other evidence. They may have 911 recordings, bodycam, officer observations, photographs, medical records, other witnesses, or statements made by the defendant. But that does not mean every statement on every recording automatically comes into evidence. There are hearsay rules. There are constitutional confrontation issues. There are authentication problems. There are evidentiary objections. And sometimes, once you strip away the pieces of evidence the jury isn’t legally allowed to consider, the case becomes much weaker. That’s where experienced criminal defense work matters. What Does a Dismissal Strategy Actually Look Like? So how do you actually position one of these cases for dismissal? Usually it is not one magic document. It’s layers. Layer one: Get every piece of evidence. Layer two: Identify inconsistencies and legal defenses. Layer three: Preserve favorable evidence before it disappears. Layer four: Understand the complaining witness’s actual position. Layer five: Present the prosecutor with a reason not to spend resources taking a weak case to trial. Sometimes the right approach is quiet. Sometimes it is an aggressive presentation to the prosecutor. Sometimes it is setting the case for trial and making clear that we’re prepared to try it. Every case is different. Three Things That Do Not Guarantee a Dismissal Let me give you three things that people massively overestimate. “She wants it dropped.” Helpful. Not controlling. “There weren’t any injuries.” Also helpful. But Texas assault does not require a broken bone or a black eye. Bodily injury can be much less significant than people think. “It’s my first offense.” Good fact. Still doesn’t mean the State has to dismiss it. A clean record helps. It does not substitute for a defense. The Big Picture If you’re trying to get an Assault Family Violence case dismissed, stop asking: “How do I convince the prosecutor I’m a good person?” Start asking: “What can they actually prove?” That’s the question that matters. What evidence exists? What evidence is admissible? Who is credible? Is there self defense? Are there inconsistencies? Can the State establish every element beyond a reasonable doubt? That is how you analyze a criminal case. What Happens Next? If you’ve been arrested for Assault Family Violence in Frisco, McKinney, Plano, or elsewhere in Collin County, and you want to know whether your case has a realistic path toward dismissal, that’s something we can actually evaluate. I’m Steve Sears with The Sears Law Firm in Frisco, Texas. Bring me the facts. We’ll get the evidence. We’ll figure out what the State can actually prove. And then we’ll build the strategy around that, not around fear and not around wishful thinking.
What Evidence Does the Prosecutor Use in a Family Violence Case When the Victim Won’t Cooperate? Your spouse says, “I’m not testifying.” So the case is over, right? Not necessarily. Texas prosecutors handle family violence cases every day where the alleged victim does not want to participate. Sometimes those cases fall apart. Sometimes they don’t. So I’m going to show you exactly what evidence a prosecutor may try to use when the alleged victim wants nothing to do with the case, and where the weaknesses in those cases usually are. I’m Steve Sears. I’m a criminal defense lawyer in Frisco, Texas, and a former prosecutor. I handle Assault Family Violence cases throughout Collin County. One of the biggest misunderstandings I hear is, “If she doesn’t show up, they have no case.” That’s too simple. The better question is: If the complaining witness never takes the witness stand, what admissible evidence is left? Because that’s what ultimately matters. Let’s break the prosecution’s case into six buckets. The 911 Call Number one: the 911 call. This is frequently one of the most important pieces of evidence in a family violence case because it happens close in time to the alleged incident. People may be crying or upset, and you can sometimes hear other people in the background. The dispatcher is asking, “What happened?” “Is anybody hurt?” “Is he still there?” “Are there weapons?” Sometimes the entire allegation gets laid out on that recording before the police ever arrive. So if the alleged victim later says, “I don’t remember,” or “I don’t want to testify,” the prosecutor may look at that 911 call and think, “I already have the story.” But here’s the important part: A recording existing does not automatically mean every statement on it is admissible at trial. There can be hearsay issues. There can be confrontation issues. The circumstances under which the statement was made matter. So one of the first things I want in these cases is the actual 911 audio, not somebody else’s summary of what was said. Body Camera Footage Number two: body camera footage. This has fundamentally changed family violence prosecutions. Twenty years ago, a case might have been, “She said this. He said that.” Today, we may have 45 minutes of video beginning almost immediately after the police arrive. And I’m looking at everything. What does the alleged victim look like? Are they calm, crying, angry, or intoxicated? Do they have visible injuries? Is their story consistent? Do they change details as different officers ask questions? What does the defendant look like? Does the defendant have injuries? Is the alleged victim yelling while the defendant is trying to leave? Are there holes in the story that somehow never made it into the written report? Bodycam can absolutely help the State. But it can also destroy the State’s theory of the case. I have seen reports that sound very clean until you actually watch what happened. That’s why I tell clients: Don’t panic about what the report says until we’ve watched the video. Photographs and Physical Evidence Number three: photos and physical evidence. Police routinely photograph red marks, scratches, bruises, torn clothing, broken furniture, holes in walls, blood, and damage around the house. The prosecutor may use those photos to corroborate somebody’s version of the event. But here’s the defense question: What do the pictures actually prove? A bruise proves there’s a bruise. It does not necessarily prove who caused it. A broken lamp proves a lamp broke. It does not tell you who broke it. A scratch on one spouse may support their allegation, or it may be completely consistent with the other spouse defending themselves. Evidence doesn’t interpret itself. Context matters. Other Witnesses Number four: other witnesses. This is the part defendants sometimes forget. Maybe the spouse won’t testify, but who else was there? Children, neighbors, friends, apartment security, a bartender, someone on FaceTime, or someone the alleged victim called immediately afterward could all potentially have information about what happened. Sometimes nobody actually saw the physical contact, but someone heard screaming through the wall. Or a neighbor watched one person chase the other into the parking lot. Or a family member received a phone call five minutes later. The prosecutor is going to look for ways to build the case without relying entirely on one witness. And so should the defense. Because other witnesses can also tell a completely different story. Your Own Statements Number five, and this is the one defendants hurt themselves with constantly: your own statements. The alleged victim may refuse to cooperate. But if you told the officer, “Yeah, I pushed her, but she wouldn’t stop yelling at me,” the prosecutor now has something they may try to use that came directly from you. Or, “I only grabbed her around the neck for a second.” Or, “I slapped the phone out of her hand.” People think they’re explaining themselves. They’re actually filling holes in the prosecution’s case. And remember: The officer doesn’t have to write the statement perfectly in the police report if it’s sitting there on bodycam. This is why I generally do not want my clients trying to talk their way out of an arrest once police have decided they’re investigating them for a crime. You don’t know which fact the State is missing. Don’t give it to them. The Alleged Victim’s Prior Statements Number six is the complicated one: What about everything the alleged victim already said? Maybe your spouse now says, “I’m not coming to court.” That doesn’t erase the 911 call, what they told the officer, statements recorded on bodycam, messages they sent, or statements they made to medical personnel. But here’s where criminal procedure becomes extremely important. The prosecutor cannot necessarily just stand up at trial and play every statement because the witness isn’t there. Some statements may be admissible. Some may not. It depends on things such as why the statement was made, when it was made, the circumstances surrounding it, whether a recognized evidence rule applies, and whether admitting it would violate the defendant’s constitutional right to confront witnesses. This can become one of the most important battlegrounds in a noncooperative witness case. Does a Noncooperative Victim Help the Defense? Yes. Usually. Think about it practically. Would a prosecutor rather have a cooperative complaining witness who comes to court, looks the jury in the eye, tells a clear story, and answers questions? Or someone who says, “I don’t want this prosecuted.” Obviously, the first case is easier. So a noncooperative complaining witness can create very real problems for the State. But harder is not the same thing as impossible. The stronger the independent evidence, the less the prosecutor needs the witness. If there’s clear surveillance video, a damaging 911 call, serious injuries, independent eyewitnesses, and an admission by the defendant, the victim’s cooperation may matter a lot less. On the other hand, if the case is one allegation, no injuries, no independent witnesses, no admission, conflicting statements, and a witness who will not support the accusation, that’s a very different prosecution. The Defense Analysis So when I get one of these cases, I don’t just ask, “Is the victim cooperating?” I ask: What evidence exists without them? Which pieces are actually admissible? Does the physical evidence corroborate or contradict the accusation? Did my client make statements that fill in the gaps? And finally, can the State prove the case beyond a reasonable doubt without putting the complaining witness in front of the jury? That fifth question is the one that matters. The Biggest Mistake And let me give you the biggest mistake defendants make once they hear that the alleged victim doesn’t want to cooperate. They start contacting them. “Don’t go to court.” “Tell them nothing happened.” “Sign this.” “Just say you lied.” Do not do that. Apart from potentially violating your bond conditions or a protective order, you can create an entirely new allegation that you pressured a witness. You may have just handed the prosecutor an explanation for why their witness suddenly changed positions. If the alleged victim wants legal advice about their obligations or wants to communicate their position to the State, they can get their own attorney. Do not manufacture evidence for the prosecution while trying to destroy evidence for the prosecution. What Happens When the Victim Won’t Cooperate? So if the alleged victim won’t cooperate, what does the prosecutor use? Potentially, the 911 call, body camera footage, photos and physical evidence, other witnesses, your statements, and prior statements from the alleged victim that the State can legally get admitted. The question isn’t whether the victim wants the case prosecuted. The question is: What admissible evidence is left when the jury walks into the courtroom? That’s where these cases are won and lost. What Should You Do If the Alleged Victim Won’t Cooperate? If you’re charged with Assault Family Violence in Collin County and the alleged victim says they don’t want to cooperate, don’t assume that means the case disappears. But don’t assume the State can prove it either. I’m Steve Sears with The Sears Law Firm in Frisco, Texas. My job is to take apart the evidence piece by piece, figure out what the prosecutor actually has, and determine whether they can prove the case they charged. If you want me to look at your situation, reach out to my office and we’ll go through it. Visit https://www.thesearslawfirm.com/ to learn more.
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