Can't the "Victim" just drop the case?
Unfortnuatley, the answer is No.
This a question we hear time and time again. I suspect the police hear this same question often as well.
Once you are arrested, the complaining witness/ is no longer the complaining witness. Now, the case is entitled "State of Texas v. You." Therefore it is only the state that can drop the charges. This can prove very frustrating to the person charged, and the original complaining witness.
BEWARE OF TALKING TO LAW ENFORCEMENT OF THE DISTRICT ATTORNEY!
Oftentimes, the district attorney will call the "victim" to ask about the case and how they would like it best disposed. Keep in mind, "best disposed" DOES NOT mean dismissed. When I worked for the district attorney, I never saw a case dismissed when no lawyer was working for the person charged. Often the DA will allow a "vicitm" to fill out an affadavit of non-prosecution, but basically do nothing with it. Doing this through the DA is a very bad idea, if you are a complaining witness and don't wan the case to go forward. The DA will hang this over your head, acting like they may dismiss, but never do. They will then use the affadavit AGAINST the person charged, and AGAINST you. They will also usually make you attend a class on batterers before even allowing you to fill out their form.
There are also many horrible consequences of Domestic Violence situations. No doubt about that. However, the approach by law enforcement has been to cast a wide net, catching the guilty and innocent alike. The unfortunate result is innocent people spending thousands of dollars to clear their good name. In fact, law enforcement's approach is the opposite approach from what our criminal justice system dictates. . . INNOCENT until proven guilty.
I got a Texas Assault charge and I have never been in trouble before. Am I going back to jail?
Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.
Why did you pick Assault cases as a focus of your practice?
Assault cases can happen to anyone. Everyone had a bad day. In fact, if you are in a relationship for any long period of time, there are bound to be arguments. I feel, however, that a private disagreement should not brand you as a criminal for the rest of your life. I decided to focus on Assault cases because I saw overly harsh laws and punishments -- especially for first time offenders. I also realized that Assault cases have a lot of nuances & intricacies that the average criminal case does not have. I believe it is important to find a lawyer who stays on top of the current Texas Assault laws, trends, and what occurs in Courts everyday.