Houston, TX asked in Criminal Law and Domestic Violence for Texas

Q: I called the police on my boyfriend for hitting me now I want to drop the case how can I do that what will it take

What will it take for the case to get dismissed can I make it just go all away??

2 Lawyer Answers

Grant St Julian III

  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Once the police are called, you lose control over how matters are to proceed. You cannot force the State to dismiss any criminal charges. You can file an affidavit of non prosecution, but the decision to dismiss the case will be made by the DA assigned to the case. Talk with your boyfriend's attorney. Good luck.

Herman Martinez

  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Unfortunately, once you contact the Government in criminal matters it is up to them to dismiss or not. Your input is taken into account, but your request for a dismissal will not override compelling evidence. It is best you talk to the defense lawyer handling his case before you speak to the prosecutor in charge of the case. In Houston, Harris County Texas a prosecutor’s decision is not made concerning a case until they speak to the complaining witness. In this case that would be you.

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