Dallas, TX asked in Criminal Law for Texas

Q: 4 felons in possession of firearms. Can they drop charges to criminal mischief on 2 and not others

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The prosecution has wide discretion over which charges they pursue and which they don't.

Selective or Vindictive Prosecution is a form of prosecutorial misconduct used in a motion to dismiss or quash the indictment or information. It is rare for this type of defense to work because the defendant must show that (1) others who were "similarly situated" were not charged and (2) that the discrimination against the defendant was both intentional and invidious (in bad faith.) Invidious is a cool word, but actually PROVING that a prosecutor is acting in bad faith is rather difficult. If the descrimination was intentional but the prosecutor has a rational basis for the difference then the defendant will lose this argument. Have a private conversation with your criminal defense attorney about the facts in your case... don't post the details online where the prosecutor or her investigator might see them.

NOTE: Selective Prosecution is NOT the same as Malicious Prosecution, which is a civil cause of action.

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The District Attorney's office CAN dismiss any criminal charges against a defendant as they see fit. Whether that will happen in your specific situation, however, depends on the specific facts. Talk with your attorney. Good luck.

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