Q: Can the state press assault charges for my fiancé if he told them he did not want to press charges?
He is claiming that when he went to his methadone clinic they claimed I gave him a concussion and said the county was picking up the charges even though he said no to pressing charges. I believe this is just a tactic to manipulate me as he is currently being evicted from my home which he refused to leave when I terminated our relationship. However I'm trying to be sure as I have a new job starting that relies on professional licenses that can be temporarily suspended if I'm charged. Like I said he's claiming he didn't press any charges and that the "county" made him do it. Also is there a way for me to find out without a lawyer if charges are pending? I called the sheriffs office and no dice.
A:
This is a potentially serious situation for you and for your career so you should contact a criminal defense attorney that practices law in the county where this happened.
In a criminal case, the state government files the charges and the alleged victim basically a glorified witness. Cop dramas on T.V. make it seem like "pressing charges" is something that the alleged victim has complete control over, but in reality, the alleged victim's choice is only to what degree they cooperate with the state prosecutors. The government can use a subpoena to force the alleged victim to testify or face arrest.
The healthcare professionals at the clinic have a duty to report certain types of suspected abuse to law enforcement. If the investigating officer believes there is probable cause to believe that you committed a crime then the officer will seek an arrest warrant from a judge. If that happens, the warrant and the officer's affidavit explaining the reasons for the warrant will be public records on file with the court.
Here in Travis County, both the County Sheriff and the Austin Police Department have a online searchable warrant databases that are available to anyone. Sometimes it takes a few days for a warrant to appear so it is still possible to be arrested at an inconvenient time, even if you are checking the warrant page daily. Also, the smaller cities in the area do not all post their warrants online so knowing which law enforcement agency is key to tracking down a copy of a warrant before it is executed.
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