Many people charged with an assaultive offense believe that if the victim “drops charges” (communicates to law enforcement that he or she does not wish to pursue charges, often by signing an affidavit of non-prosecution) that the case is in fact dropped and that they can go on with their lives as usual. This is absolutely not how things work in Texas.
In Texas, once the police are involved and they conduct an investigation, then the situation in question is no longer private. For example, if you and your spouse have a heated argument and your neighbor calls the police and they arrive and investigate, then that argument is no longer a private matter. Whether or not anyone goes to jail and faces prosecution depends on what the police believe happened between you and your spouse. If they believe, for example, that you assaulted your spouse, then you will be arrested. Your spouse may insist no assault happened, but that will not matter if the police do believe you assaulted your spouse. And, again, an affidavit of non-prosecution will not automatically result in the case being dropped. It may help persuade the prosecutor to dismiss the case, but that is left to his or her discretion.
You may be asking: “So, if I’m charged with domestic violence do I just have to live with it even if I am innocent?” If you are falsely accused of assault, or any crime, you have to be proactive in developing evidence that will show that the police make the wrong decision by arresting you. How this is done depends on the unique facts of each case. It may not seem fair that the police have all of the power in deciding whether to charge you with a crime, but you have power, too.
If you are someone you know is falsely accused of a crime, please contact The Hardy Law Group PLLC, to schedule a complimentary consultation. Our attorneys know how to get out in front of false accusations to put you in the very best position to beat your case and regain control over your freedom.