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

UPDATED: Jan 4, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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