Q: can victim of assault w injury family violence help dismiss the case of defandnt? (class A misdemeanor in TX)
if the prosecuters decides to not dismiss the case, and for example, sentences the defendant to 1 yr in jail, can the victim appeal so that the case is dismissed? What is the process like? This is Texas. (Does if matter what county? )
A: If the person has already been convicted, and sentenced to jail, it wouldn't be you who would appeal, but the person in jail. About the only basis would likely be you provide his attorney a sworn statement saying it did not happen, thus giving him the argument of actual innocence.
If they have not been sentenced, you can get with his attorney and file an affidavit of non-prosecution.
Kiele Linroth Pace agrees with this answer
A: Unlike the plaintiff in a civil case, the alleged victim does not have standing to dismiss or appeal a criminal case.
A civil case is Plaintiff vs. Defendant, so the plaintiff is a party... part of the case. A criminal case is State of Texas vs. Defendant, and the prosecutor represents Texas. In a criminal case, the alleged victim is a witness, but not a party to the case.
The prosecutor who represents the state is required to "consider" the feelings of the alleged victim, but he or she must make the the ultimate decision on whether or not to seek a conviction. Under most circumstances, not even the judge can dismiss a criminal case when the prosecutor wants to seek a conviction.
Many prosecutors believe they need to protect alleged victims who won't stand up for themselves. A prosecutor is less likely the dismiss the case if she believes the alleged victim is financially or emotionally dependent on the "abuser."
You asked if it matters what county and the answer is YES because different jurisdictions have different policies on how much influence the alleged victim should have. Sometimes there is a significant difference in attitude between different prosecutors in the same office. A local criminal defense attorney can give you better information about what is likely to happen in your jurisdiction. You should probably start with the defendant's attorney.
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