CASE DISMISSED: 14-YEAR-OLD ASSAULT FAMILY VIOLENCE CHARGE

Overview:
Texas Defenders San Antonio criminal defense lawyer Monica Guerrero secured the dismissal of a 14-year-old Assault Bodily Injury – Family Violence case that had been sitting dormant with an active warrant for over a decade. Our client, a respected professional with no criminal history, had no idea the case even existed until a routine background check informed him of an old warrant in Bexar County.

The Background:

In 2011, our client briefly dated a woman and the relationship quickly turned toxic — she stole his car, forged documents in his name, and even used illegal tracking devices to follow him. When he moved to California to escape the situation, she continued to stalk him, showing up uninvited at his hotel and making false police reports.

During one of her episodes, she falsely accused him of assault. That case was later dismissed and sealed by a California court after she admitted under oath that her accusations were fabricated and the result of mental health struggles.

Unbeknownst to our client, around the same time she filed the false report in California, she also submitted a written statement to San Antonio Police claiming a domestic incident had occurred a year earlier in Texas. In 2013, SAPD obtained a warrant based solely on her false statement — but never once attempted to contact or arrest our client.

The Legal Issues:

1. State Inaction and Due Process Violation
For over twelve years, the State took no action to execute the warrant. Our client's address, phone number, and professional credentials were all publicly available, yet no officer ever attempted contact. The failure to act constituted a clear violation of the State's duty to exercise due diligence.

2. Speedy Trial Violation
More than a decade had passed between the filing of the charge and our client's discovery of it. Under United States v. Serna-Villarreal, 352 F.3d 225 (5th Cir. 2003), delays exceeding five years are considered presumptively prejudicial. The 12-year delay in this case deprived our client of his constitutional right to a speedy trial and due process.

3. Loss of Evidence and Witnesses
Given the extreme delay, any potential witnesses or evidence that might have supported his defense were long gone. The alleged victim's credibility was already severely undermined by her own admissions of making false accusations, but the passage of time further eroded the State's ability to proceed fairly.

Texas Defenders' Strategy:

Texas Defenders' criminal defense attorney in San Antonio, Monica Guerrero immediately filed a Motion for Speedy Trial and a Motion to Dismiss, asserting that the extraordinary 12-year delay violated both the Sixth Amendment and Texas constitutional guarantees. The motions highlighted:

• The State's complete lack of due diligence in serving the warrant.

• The presumptive prejudice from the decade-long delay.

• The unreliability and credibility issues surrounding the accuser.

After reviewing the motions and the supporting documentation, the Bexar County District Attorney's Office agreed to dismiss the case in its entirety.

The Outcome:

Our client's Assault Family Violence case was formally dismissed, clearing a warrant that had followed him—unbeknownst to him—for over a decade. He avoided arrest, conviction, and any public record of wrongdoing.

This result not only protected his professional reputation and personal life but also reaffirmed the importance of constitutional due process and the right to a speedy trial.