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When family members or friends get into a confrontation and someone gets arrested, the alleged victim often regrets that the police ever got involved. Not only was their loved one jailed, but now they are facing criminal prosecution and a possible criminal record. The alleged victim tries to take it all back and tells the police or prosecutors that they want to “drop charges” – but unfortunately, that is easier said than done. Keep reading to understand what happens if a victim wants to drop charges in Texas.
While it may seem like a cut-and-dried situation when a complainant no longer wants to pursue criminal charges against a defendant, in reality, the legal process is not easily suspended. In Texas, once charges have been filed, it is up to the prosecuting attorney to decide whether or not to proceed because the prosecutors represent the State of Texas and not the alleged victim in the case. The victim’s wishes can be taken into consideration, but that is ultimately not the sole determining factor when considering whether to drop charges. Once a crime has been reported, whether charges will be pursued is in the hands of the State.
If you are facing criminal charges and the victim no longer wishes to be involved in the case, discuss the situation with an Austin Criminal Defense Lawyer today.
Prosecutors have discretion when it comes to dropping charges. They consider multiple factors, including the victim’s wishes, the strength of the evidence, the severity of the offense, and the potential impact on public safety. While the victim’s desires are considered, they are usually not the major factor in determining whether charges will be pursued. Ultimately, it is up to the prosecutor to decide whether to proceed with the case or drop the charges.
If a victim wants to drop charges or, more accurately, no longer wishes to cooperate with or participate in the case, the first step is for them to communicate this to the prosecuting attorney handling the case or victims services depending on the County. The victim can provide a written statement, known as an affidavit of non-prosecution (ANP), expressing their desire not to press charges. This statement should be notarized and can be used as evidence of the victim’s intentions not to cooperate in the prosecution process.
Submitting an ANP does not guarantee a dismissal of the case. The decision to drop charges belongs to the prosecutor’s office. They can and regularly do proceed with cases when victims don’t wish to participate. Alleged victims may still be subpoenaed to trial against their wishes. The ANP serves as a factor for the prosecutor to consider, but it is only one of many considerations when deciding to press charges in a criminal case.
When victims don’t want to prosecute, the DA will evaluate the evidence and the nature of the offense to determine the best course of action. For certain offenses, they may consider alternative options, like diversion programs or treatment programs. Prosecutors also take into account the victim’s own safety and well-being when making their decision.
The experienced Austin criminal defense attorneys at the Law Offices of David D. White, PLLC have the knowledge and expertise to produce the most favorable outcome possible in your case. We can also arrange for the alleged victim to come to our office to complete an ANP. Let us stand up for you so you don’t face unnecessary consequences. Contact us now for a free case review and consultation.
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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