Q: Will the charges be dropped on a “terroristic threat on a family member” charge if the one involved asks to drop them?
I’m in Texas and got into a verbal argument with my girlfriend. I was on the other side of the house and threatened her and she recorded the audio. She called the cops and they heard it when they showed up. They arrested me as she asked them not to, but the police report said she was “willing to cooperate”. The report even said she knew I wouldn’t hurt her.
If in trial she clearly says she doesn’t want a charge brought, can the DA still do it? I’m worried the cop will say he heard it and that’s all it takes.
So do that have to drop them if she asks them to? Thanks!
A: No, they don't. The case would be the State of Texas vs you - not her vs you. You need to hire an attorney ASAP.
Kiele Linroth Pace agrees with this answer
A: Nope. They are only required to "consider" the point of view of the alleged victim, not abide by it. The prosecutor will make the ultimate decision on whether or not to seek a conviction and in these days of #MeToo they are more likely to seek convictions so they can brag about reducing "domestic violence" when they run for re-election.
That said, these cases are often defensible on the INTENT element which can be surprisingly hard to prove beyond a reasonable doubt unless the recording contains a confession of intent. You'll need a skilled attorney to pull off this type of defense... the run-of-the-mill plea broker attorney won't bother... they'll just negotiate a plea bargain with the prosecutor and then try to scare you into accepting it. That's why you should invest in a proper defense.
Anyway, you should at least do yourself the favor of reading the law on Terroristic Threat to understand what the state needs to prove and evaluate for yourself whether the recording meets every element of the offense. The statute is here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.07
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