If someone age 14 files sexual assault on a 24 year old and then the accuser drops the charges, can the state pick them up?

UPDATED: Sep 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone age 14 files sexual assault on a 24 year old and then the accuser drops the charges, can the state pick them up?

Asked on September 13, 2011 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The most basic answer is yes.  Whether the charge is a sexual assault or an assault/family violence charge, the state can always go forward with the charges.  The more serious the charge, the more likely the state is to "pick the charge up."  In reality, the charge is already the state's charge once a grand jury indicts a case.  Many district attorney's office will involve victims and seek their input on how to proceed forward on a case, but the final decision is up to the district attorney, not the victim.  If a victim is reluctant to pursue a case, though, many district attorneys offices will take that into consideration either in the form or a dismissal or a reduced sentence.  If you are charged with the sexual assault of a child, do not simply wait for the child to drop the charges.  You may want to visit with a criminal attorney to review other potential defenses.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption