Q: Can I cancel assault charges before judge signs for a warrant
A:
No. A criminal case is State of Texas vs. Defendant rather than Alleged Victim vs. Defendant. So only the legal representatives of the State of Texas can drop a criminal case.
That said, if you are the alleged victim then you are probably the state's primary witness. The state must consider your point of view, but prosecutors have no duty to drop the case just because you request it. If a case is filed, you could choose to cooperate with the defense instead of the prosecution.
Different jurisdictions have different policies regarding prosecuting assault over the objections of the alleged victim, so consult a local criminal defense attorney to find out how this sort of thing is handled in your area.
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.
