Legal Question in Civil Rights Law in Texas

My boyfriend was charged with a felony 4 years ago and for the past 3 years has been having to report to probation bi-monthly and going to more than 50 court dates just to have the Assistant DA asking for more time since they haven't had "time" to "completely" go over the case. He has not been convicted of any crime and Assistant DA has made mention of dismissing the case to the judge several times once she is able to "completely" review it. Isn't this a violation of one's civil rights since there is no "CONVICTION"?


Asked on 5/28/10, 8:17 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You'll want to look at the case of State vs. Donihoo (926 SW2d 314). Other than a request from the prosecutor himself, there are only certain reasons that a judge can dismiss a criminal case; the defendant's request is not one of them.

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Answered on 5/29/10, 7:10 am


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