Q: my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg
my girlfriend faces charges for this, if the girl withdraws the charges they could dismiss the case? this is in San Antonio Texas
A: Your girlfriend needs to seek the advice of competent criminal defense counsel immediately. It is the State, not the alleged victim, who brings criminal charges against an individual; so the girl doesn’t really have a say on whether the Bexar County Attorney’s office will proceed or not. Furthermore, generally speaking, Bexar County is not going to dismiss a case just because an alleged victim decides (s)he doesn’t want the accused to face charges.
Joseph Hoelscher agrees with this answer
1 user found this answer helpful
A: A minor cannot withdraw these charges. If the daughter attempts to withdraw the charges illegal influence and coercion will be suspected, so your girlfriend my face additional and more severe charges. If the charges are unfounded then that can be proven by a proper investigation. Hire a good lawyer. Go to the courthouse and watch trials. Get the names of three lawyers who impress you in trial. Interview each one. Hire the one you can afford. Don't look for anything good to happen with respect to disposition of this case without hiring a good lawyer. That is just the nature of the beast. Good luck.
Joseph Hoelscher agrees with this answer
The Bexar County District Attorney's Office does NOT have to drop charges just because a victim changes her story or asks them to dismiss. In fact, when the victim is a child, they are unlikely to do so. Worse, some of our prosecutors are aggressive in pursuing individuals they believe are intimidating witnesses, whether it happened or not. They will want to know why she is asking for the charges to be dismissed.
If the child is recanting because the incident didn't occur, the State will generally be more likely to dismiss. However, if they believe the child is being coerced or intimidated, they can file new charges or, more likely, seek a bond increase for the defendant. In your question, you suggest that there are multiple child witnesses, which makes it even more unlikely that the Bexar County prosecutor will want to dismiss just because the victim doesn't want to move forward.
Really, this an issue to run by your girlfriend's attorney. Her lawyer needs to know if the witness has doubts or has changed her story. Another possibility is to hire a lawyer to represent the child or ask the court to appoint one. Whatever you do, do not pressure this child to change her story or refuse to testify because that could make everything much worse.
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.