What Happens If a Victim Wants to Drop Charges in Texas?

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.

Who Can Drop Charges?

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.

The Process of Dropping 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.

How District Attorneys Handle Cases When Victims Don’t Want to Prosecute

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.

Facing an Assault Charge? Need an ANP? We Can Help.

The experienced Austin criminal defense attorneys at the Law Offices of David D. White, PLLC: Austin Criminal Lawyer 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.

Get A Free Consultation

Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours

request free consultation Call Us: 512-369-3737

Client Reviews

What our clients are saying about us

Banas Transportation

If you are searching for the best attorney in Austin, look no further than David White. From start to finish, he exceeded all of our expectations and provided a level of service that truly stands out. From our very first meeting, David White took the time to thoroughly understand our case, explain every step of the process in clear terms, and answer all of our questions. His expertise, confidence, and approachable demeanor immediately put us at ease during what was a very stressful time for our family. Throughout the process, he was always available to provide updates, address any concerns, and ensure we felt supported. His attention to detail, strategic thinking, and knowledge of the law were nothing short of exceptional. Thanks to his relentless efforts and skill, our case was dismissed, and we couldn’t be more grateful. What sets David, White apart is not only his expertise but also his genuine care for his clients. He goes above and beyond to make sure you feel heard, understood, and represented in the best possible way. It’s clear that he is passionate about helping people and delivering justice. I can confidently say that David White is the best attorney I have ever worked with, and I wholeheartedly recommend him to anyone in need of legal assistance. He truly is a master of his craft and a shining example of what an attorney should be. Thank you, David White, for everything you’ve done for us!

View More Reviews on Google Maps and Yelp