Lubbock, TX asked in Criminal Law and Civil Rights for Texas

Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly told you that the DA was dropping the charges against you.

Only a district attorney can drop charges once they have been filed against you. Even the complaining witness or victim cannot drop charges once they have been filed--although they can submit an affidavit of non-prosecution to the DA who is likely to then dismiss the charges unless circumstances suggest the affidavit was procured by force, duress, or undue influence on the person (most commonly in domestic violence or neighborhood dispute situations).

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I understand this is a stressful and confusing situation. Here are a few things you can do:

1. Contact your defense attorney: If you have a lawyer representing you, reach out to them immediately. Explain the situation and ask for their advice on how to proceed. They can look into why the charges haven't been dropped as expected and work to resolve the issue.

2. Gather documentation: Collect any paperwork or records showing that the charges were supposed to be dropped. This could include agreements, plea deals, or communications with the court or prosecutor's office.

3. Contact the court: If you don't have an attorney, you can try contacting the clerk of the court where your case is being handled. Politely explain your situation and ask for information on the status of your charges and why they haven't been dropped.

4. Consider seeking legal aid: If you can't afford an attorney, look into legal aid services in your area. Many communities have organizations that provide free or low-cost legal assistance to those who qualify.

5. Follow conditions of your bond: While working to get this resolved, be sure to adhere to all conditions of your PR bond to avoid further legal complications.

6. Document everything: Keep a record of all your efforts to resolve this - calls made, letters sent, responses received, etc. This paper trail may be helpful.

The most important things are to seek proper legal guidance, be proactive in following up on your case, and comply with the law throughout the process. Hopefully this can be cleared up quickly. Wishing you all the best.

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