If I want to drop assault charges, what doI need to do?

UPDATED: Nov 11, 2011

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If I want to drop assault charges, what doI need to do?

I filed an assault on my husband and want to drop the charge. What do I need to to? I’m in a very small town and no law official are paying me no mind. The officer that took the statement informed me I will be able to drop the charge but he will not respond.

Asked on November 11, 2011 under Criminal Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is something that you need to understand. The fact is that whether or not to prosecute a case (i.e. drop charges) rests with the prosecutor and not with the victim. This means that this case may be prosecuted over your objection. While the state's case would be stronger if you cooperated, if there is other evidence to support the charge the case can still go forward.

That having been said, a skilled criminal defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your boyfriend. They may possibly be able to talk the prosecutor into dismissing/reducing the charges. However, prosecutors can be unwilling to drop these types of cases because they do not want offenders to think that if they can intimidate a victim, they can get away with this behavior.

Note: If you are subpoenaed to testify at trial (if there is one), you must appear or risk a contempt of court charge.

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.

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