Canton, TX asked in Criminal Law for Texas

Q: if you are charged with failure to ID and resisting, even though you never refused to id, and "allegedly" resisted, and

the DA gives you a plea deal. Can you have the charges dismissed with prejudice after 180 days if you never had a hearing in front of the judge to determine if you would go to trail or not? especially if the initial charge that the officer was called out for was dropped the very next day after you was booked in jail? and never had any priors?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Whether the DA will dismiss the charges depends on the facts and circumstances of your particular situation and how persuasive your defense lawyer is. There is no legal requirement that a case be dismissed "after 180 days." You may be thinking about the law that requires the court to release a person who has been arrested and is being held in jail on a personal recognizance bond if no information is filed and no indictment is returned against that person within 180 days. That is not a "dismissal" of charges and does not preclude the DA from filing an information or securing an indictment after the 180 days.

Usually, if a person is charged with a failure to ID and resisting arrest and wants to assert that he never refused to ID and did not resist, the proper course of action is to request a trial and present the evidence for determination. The trier of fact--judge or jury--will then weigh the evidence and determine the credibility of the witnesses to render a verdict as to whether you did, in fact, fail to ID and whether you did, in fact, resist.

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