Does a detective have any authority to drop charges after they have already arrested you and set you for a court date?

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Does a detective have any authority to drop charges after they have already arrested you and set you for a court date?

I was contacted by a detective who received photoshopped pictures of bruises on a girl who says I assaulted her. I was no where near her and did not assault her in any way. The detective issued a warrant for assault with bodily injury without talking to me based on those photos, arrested me and I have been going to pre-trials for almost a year. I don’t have $3,000 to take this to trial, will giving the detective my proof change anything?

Asked on January 4, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Once criminal charges have been filed against you by the district attorney's office the detective that you have written about has no say in the action against you as far as having it being dismissed. The dismissal would be up to the district attorney's office.

I suggest that you consult with a criminal defense attorney about your situation. It is not recommended that you go to trial without an attorney. If you cannot afford an attorney, you should ask the court to provide you with a public defender or a court appointed attorney. I suggest paying a criminal defense attorney some retainer to try and see what can be done to get the charge against you dismissed should be explored.


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