Fort Worth, TX asked in Criminal Law for Texas

Q: If I decide not to press charges for an assault, can the state press charges anyway?

I am wondering if after contacting police after an assault, opting out of taking photos of the beating and declining to press charges, if charges can be filed anyway? They said they would issue a warrant for his arrest. I should have pressed charges and said no out of fear.

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2 Lawyer Answers

Herman Martinez

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

A: If a warrant was issued the State has already determined that probable cause exists for an arrest. Your statements will likely be used in court. Nevertheless, a prosecutor should be contacting you once they have been assigned the case.

1 user found this answer helpful

Grant St Julian III

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

A: The State will make the determination if criminal charges will be filed, but they may choose not to do so if you failed to cooperate in the past. Contact the officer who originally investigated the matter. Good luck.

1 user found this answer helpful

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