Houston, TX asked in Criminal Law for Texas

Q: My boyfriend is getting charged with domestic violence, can charges be dropped if victim never wanted charges filed?

My boyfriend and I got into a fight and the police were called. I never wanted to press charges against him, and when the police came they never asked me wether I wanted to press charges or not. What can we do to try and get the charges dismissed without him having to go to jail?

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1 Lawyer Answer
Answered
  • San Antonio, TX
  • Licenced in Texas

A: This is a very common situation. Usually, in a domestic dispute, the police will charge him and take him in just to diffuse the situation. What you need to understand is that, at least in Texas, civilians don't actually press charges, the district attorney does. It is your choice as to whether you want to cooperate as a witness, but they can charge him without you. They likely can't convict him without you, though, so with an sn experienced criminal defense attorney you may be able to get the charges dropped. You should call around and get a consultation with a lawyer, because you will definitely need help navigating this issue in court. Good luck.

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