Dallas, TX asked in Criminal Law and Family Law for Texas

Q: In mesquite (dallas, tx) can u say that you do not want to press charges once you've already said yes?

There was an incident.. my kid's dad pushed me around and choked me.. it led to me having a vruise on my arm and my hair being pulled out. that day the police came and he left so no arrests were made.. now 2 weeks later, they popped up at my dokr to do a follow up and asked if i wanted to press charges.. i said yes but now i do not want to anymore.. what should i do?

Related Topics:
1 Lawyer Answer
Walker Fults
Walker Fults
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Think very carefully about what you would like to do, considering the consequences of either choice. If you tell the police you want to press charges, you are helping the case against your kid's dad. If you walk back your statements and say you don't want to, you're making less noise about it. If a case has already been filed, it may be too too late to say you don't want to press charges, because the D.A. is already handling the case at that point.

Depending on your memory of the event, it is sometimes possible to sign an affidavit of non-prosecution that says you were excited at the time you talked to police and did not remember things clearly. In your sober recollection now, however, you remember that things did not happen as they are presented in the police statements. That often takes the wind out of the prosecutor's sails.

Please be safe, and good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.