Asked in Criminal Law for Texas

Q: Can a police officer dismiss charges of battery and assault once they've already been filed (on the date of trial) ?

On the same date as the trial, the police officer went to the court and dismissed the charges without my permission (I am the victim). We were both subpeaoned to be there in court. I think the accused mother influenced the police officer to drop the charges. I am so upset. I had a witness, she came to my home and gave me a black eye and knocked out my two front teeth (the day after my mother died and I missed her funeral because of this). Does the police officer have the right or authority to do this? He even took pictures of my injuries. Even the ADA told me it was ridiculous and to file a complaint with the police department.

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1 Lawyer Answer
Craig Young
Craig Young
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: The police officer was likely not the one making this decision, these calls are normally made by the District Attorney. I would suggest contact victims services in your county and/or contact the District Attorney's Office directly.

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