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608 West 12th Street, Suite B Austin, TX 78701
Georgetown Location
706 Rock St, Georgetown, TX 78626
512-369-3737
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“Pressing charges” is a colloquial phrase, not a legal term. In Texas, the victim of a crime does not file or “press” criminal charges — the State of Texas does, through a prosecutor (the District or County Attorney). What a victim actually does is report the incident to law enforcement and cooperate as a witness. The prosecutor then decides whether to file formal charges based on the evidence, regardless of whether the victim wants to proceed.
Under Texas law, “pressing charges” is a colloquial phrase, not a legal term. The decision to file a criminal charge in Texas belongs to the State of Texas — represented by a prosecutor (the District Attorney for felonies, the County Attorney for most misdemeanors) — not the victim. What a victim actually does is report the incident to law enforcement and cooperate as a witness. The phrase “pressing charges” is commonly used in everyday conversation and in media, but it does not reflect how the Texas criminal justice system actually works. When someone says they want to “press charges,” they mean they want to report the offense and cooperate with prosecution — but the formal decision to file charges rests entirely with the prosecutor.
In Texas, only a prosecutor can file formal criminal charges. The victim’s role is to report the incident to law enforcement and serve as a witness — not to file charges. Texas Code of Criminal Procedure Art. 2.01 places the duty to represent the State of Texas on the district and county attorneys. This means that even if a victim reports a crime and cooperates fully, the District Attorney or County Attorney retains sole authority over whether to file a criminal complaint, information, or seek an indictment. Conversely, a victim cannot force a prosecutor to drop charges once they have been filed — that decision belongs to the State of Texas as well.
Once a prosecutor files charges, the case enters the formal criminal process. For misdemeanors, charges are filed by information; for felonies, by indictment through a grand jury under Texas Code of Criminal Procedure Art. 21. The defendant is then arraigned and enters a plea. After charges are filed, the case moves through pretrial proceedings — including discovery, motions, and possible plea negotiations — before either resolving through a plea agreement or proceeding to trial. Being charged does not mean convicted: the State of Texas must prove guilt beyond a reasonable doubt at trial. The prosecutor and the defense attorney each present evidence to a judge or jury, who make the final determination.
A victim in Texas can submit an Affidavit of Non-Prosecution (ANP) asking the prosecutor not to proceed with the case, but the prosecutor has sole authority to drop the case — the ANP is one factor among many in that decision. The State of Texas may proceed with prosecution even over a victim’s objection, particularly in cases involving serious violence or repeat offenders. If you are a victim considering an Affidavit of Non-Prosecution, or if charges have been filed and you have questions about the process, see our page on what happens if a victim wants to drop charges in Texas for a full explanation of how ANPs work and their limitations.
If charges have been filed against you, the most important step is to contact a criminal defense attorney before speaking with police or prosecutors. Every case is fact-specific — what works in one matter may not in another. Once you have been charged, you have the right to an attorney, the right to remain silent, and the right to a fair trial. Invoking those rights early — before any interrogation or court appearance — is critical. The Law Office of David D. White, PLLC represents clients charged with misdemeanors and felonies across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. Contact us for a free consultation to discuss your case.
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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions