By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Possibly, but it mainly depends on the prosecutor.
A criminal assault or family violence charge in Texas is a proceeding between the State of Texas and the accused. The accuser is mainly treated as a witness. The decision to prosecute is squarely on the prosecuting attorney.
This is typically a policy driven area with prosecutors. District and County Attorneys are elected officials in Texas and none want to look weak on this sort of matter.
Affidavits of Non-Prosecution
Many criminal defense attorneys or prosecutors ask that alleged victims that wish to drop charges fill out an “affidavit of non-prosecution.” That is a statement under oath which gives the alleged victims reasons for not wanting to prosecute. An affidavit of non-prosecution does not bind the prosecutor or the judge to dismiss the case.
If the accuser is considering filing an…
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