Office Location
608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com
512-369-3737
get direction 
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.
Table of Contents
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: 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.
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
I called David last August after my daughter got a minor in possession while away in college. My wife & I were terrified that this mistake might cost our daughter dearly. Luckily for us, we found David to take care of this for us. He walked us through the process during the initial free consultation. Several months later the case was dismissed and ultimately expunged. We cannot thank David enough for all his help in protecting our daughters future!
View More Reviews on Google Maps and Yelp
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
Whether living in Austin, visiting the city, or running a local business, staying informed about Texas alcohol laws helps to avoid trouble. These laws mandate from when you can legally buy alcohol to the penalties...
In Texas, like other states, there are statutes of limitations that determine the timeframe within which criminal charges can be filed against an individual. However, there are different exceptions to these statut...
Under the Sixth Amendment to the U.S. Constitution, every individual who is accused of committing a crime has a right to hear the charges that the government is bringing against them. In Texas, accused individuals...
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com 512-369-3737
get direction