Note the complainant has no actual authority to compel the State to dismiss a case. Rather, the prosecutor has absolute authority to continue, or not, the prosecution of any criminal case in Bryan|College Station or any other area of Texas. However, in the right situation a non-prosecution affidavit from the alleged victim can go far in giving the accused person negotiation leverage. That is, many times the prosecutor does agree to dismiss the case, or sometimes reduce charges, based on the wishes of the victim. But in other cases, like those involving serious violence, I've seen prosecutors give a non-prosecution affidavit the "circular file" treatment. That is, no value whatsoever.
So, when speaking with your criminal defense attorney about the issues in your case, don't forget to let them know if the alleged victim might be willing to sign a non-prosecution affidavit. Be very careful, though. DO NOT attempt to persuade, convince, or coerce an alleged victim to "drop charges." There are criminal laws prohibiting retaliation against a person who is a victim or one who reports the occurrence of a crime. You could be prosecuted for a serious felony offense, like retaliation, if you said the wrong things or inadvertently frightened the victim. LET YOUR LAWYER handle this matter after consulting with you.
22 comments:
It seems that you've put a great amount of time into your article and I want a lot more of these on the internet these days. Well, anyways... it certainly was very informative for me.
Best Attorney
Thanks for visiting. Glad I can be helpful.
What if the charges aren't filed by the victim, but rather, the state?
The charges are ALWAYS filed by the State. The complainant simply makes a report to the police and a prosecutor decides whether to prosecute the case, or not. However, depending upon the case and prosecutor office policy, the wishes of the alleged victim may be taken into account when the state is deciding whether to file charges.
Thank you for your prompt response. I am going to attempt to sign a non-prosecution affidavit to drop the charges against the defendant.
Meanwhile, I am in the process of trying to lift a magistrate's emergency protective order. The order was put in place for me, to prevent the defendant from contacting me for a period of 61 days. In order to get the order lifted, I was instructed to speak before the judge who signed the EPO along with the police officer that requested the order. I think it's important to note that I did not ask for the order myself, but it was put in place on behalf of the police.
I think the order is completely unnecessary. It also causes daily stress, being that I live in a very small town where students all congregate in the same local areas, as well as attend the same university. In your experience, what are the chances of an EPO being dropped? Is there anything in particular (reason-wise) that could be mentioned to help my cause?
Also, is a description of the incident going to be asked for by the judge? I do not want to say anything that would hurt a future trial or diminish the chances of having the charges against the defendant dropped.
Thank you for your time. I'm looking forward to hearing from you.
Good luck, Concerned. If you want to request the protective order be lifted, you must speak with the prosecutor's office. Typically, the DA office has a lawyer responsible for filing the applications for protective order, in the first place. If you contact the prosecutor, they will want to speak with you about the case. That is a risk you'll need to evaluate on your own.
Is it too late to ask a question? :)
When if it was a domestic assault and I called the police but I went to jail. My girlfriend is still with me. She moved and is not going to court.
It's never too late to ask a question. Fire away!
how long does the process actually take from the day it was filed?
Are you are speaking of the day the non-prosecution affidavit is filed? If so, then note the prosecutor has control over whether the case goes forward, regardless of the victim's wishes, or is dismissed. As I mentioned in the original post, the prosecutor is not bound to follow the victim's wishes in these cases. But often the non-prosecution affidavit helps the accused. Good luck.
thank you for ur quick response.
and so as far as the accused...do they get notified that the non prosecution affidavit has been sent in or if it has been dismissed or is to be continued?
The defendant is not often notified of these events. Your lawyer can investigate and help you understand the status of the case.
can the non prosecution affidavit be done before the case gets filed? or does one have to wait until it has been filed?
If I didn't tell the whole story on the affidavit can the case be drop and will I get charge for lying?
Can I get charged for lying an doinng an affidavit for domestic violence ? Should I get a lawyer
Where can you get an affidavit form?
I went to the da today and asked to drop charges for an unathorized use of a motor vehicle. Im not sure what the paper was actually called but i wasyold to ask for a affidavit of dismissal.. is that the same as non prosecution affidavit?
Lilly: It probably was the same thing. The important thing is you asked the prosecution not to proceed. You accomplished that goal.
You never want to lie to the police or prosecutor when asking them to drop charges. You risk getting into trouble, yourself.
i had a domestic disturbance at my house and i did call the police. i told them i did not want to press charges, but they arrested my friend and now he has a court date. i know it's not my decision if the case gets dismissed or not, but would like to do everything i can to do so. if i file a non-prosecution affidavit, is that all i can do? where do i fill out the affidavit, the courthouse?
Non-prosecution affidavits are usually completed in the prosecutor's office. They will probably want to talk to you about your reasons for filing the affidavit. I would call the prosecutor's office by telephone to confirm the procedure for filing the non-pros.
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