Legal Question in Criminal Law in Texas

Dropping charges in Texas ? cont....

and she thought Wade had something to do with it. The girl told her mother of her suspicions and her mother just happens to live in the same town my son was visiting and that led to the incident at the Sonic. I was contacted by the womans daughter and told her mother would drop the assault with weapon charges if she got back the money that was missing ($380). Wade did not take the purse/money but to be quite frank it would be cheaper to go that route.

Can she drop the charges? Would she be allowed to drop the charges?

I thought I could possibly meet her at the police station and give her the money after she dropped the charges (assuming that's where you go to drop charges)...would we need to go through an attorney to do this?


Asked on 2/02/07, 8:46 pm

1 Answer from Attorneys

Lewis Palomino Law Office of Lewis Palomino

Re: Dropping charges in Texas ? cont....

A complaining witness may sign a non-prosecution affidavit stating that she no longer wants to pursue charges, but it is up to the prosecutor to decide whether or not to drop charges. The prosecutor's office may decide they have enough evidence or the charges are serious enough to proceed without the complaining witness. A non-prosecution affidavit is no guarantee that the charges will be dropped.

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Answered on 2/03/07, 12:54 am


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