If my wife got arrested for assault against me but do not want to press charges, is this something that will get dragged out against our will?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife got arrested for assault against me but do not want to press charges, is this something that will get dragged out against our will?

I disagree with the charges.

Asked on July 7, 2014 under Criminal Law, Texas

Answers:

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

Answered 7 years ago | Contributor

Whether or not to prosecute a case (in other words, whether or not to drop charges) is a decision for 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 with your cooperation, if there is other evidence to support the charge then it may still go forward.

All that having been said, an experienced criminal defense attorney may be able to use the fact that you do not want to testify, etc. as leverage to obtain a favorable result for your wife (i.e. to potentially have the charges dismissed). However, prosecutors are often very unwilling to drop these types of cases because they do not want to send the message to offenders that they can intimidate or otherwise unduly influence their victim. 

Note: If you are subpoenaed you must show up in court or you can be held in contempt. You really should consult with an attorney as to all of this.


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 with SHA-256 Encryption