Legal Question in Criminal Law in Texas

In Texas; Gave daughter permission to drive a car with my name on title and loan while in our area and if she made payments (where I would give her title if she made all payments); She was behind several months in payments, which I had to make to keep my credit ok; She left state without my consent, and several months of payments behind; police told me only way to retrieve my property was to sign a voluntary statement charging her with Unauthorized Use of a Vehicle which is a State Jail Felony. I signed the document as I could not at the time get my daughter to relinquish vehicle to me. Since then my daughter has contacted me in effort to work out details of my new agreement with her to remain out of state (CA), get caught up on payments and by her own insurance in California. I really would much rather not prosecute my duaghter if possible and be ablel to work things out with her. My questions is do I have the right now since I already signed the document with police to drop the charges and stop them from pursuing her? If so, how do I go about it? Your help would be greatly appreciated!


Asked on 11/24/09, 10:57 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Yes, you can drop the charges. Call the police folks and tell them you want to file an affidavit of non-prosecution. If you have trouble getting them to return calls, WRITE THEM A PAPER LETTER (keep a copy of it) and tell them what happened; tell them you want to drop the charges.

I'd be willing to bet that they'll go along with you.

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Answered on 12/02/09, 3:37 pm


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