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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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My boyfriend is facing aggravated assault with a deadly

Resolved Question:

My boyfriend is facing aggravated assault with a deadly weapon charges in texas, How can i drop the charges?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

It is up to the state's attorney to drop or prosecute the charges once they are filed. Technically speaking a crime is committed against the state and not any particular individual. Therefore it is the state's decision whether or not to prosecute. The victim of a crime is only a witness and has no legal decision making ability in a criminal prosecution.

The victim's wishes are usually important to the prosecuting attorney. Your best bet is to contact the district attorney who will be handling the case and discuss the matter with them. Understand that they are used to domestic violence victims who want charges dropped and will probably be resistant, however if you are reasonable in your communications and take measures to prevent any future problems with this boyfriend then the prosecutor may be more amenable to your wishes.

Please reply if I can help further.

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Customer: replied 7 years ago.
I tried calling the DA but they said i have to request the charges to be dropped in front off the grand jury, I dont want to testify.....What happens if i dont show up to court?
Expert:  JD replied 7 years ago.
Have you been subpoenaed?
Customer: replied 7 years ago.
Expert:  JD replied 7 years ago.

If you fail to appear on a subpoena you could face potential trouble for yourself. Further, it will likely not accomplish your goal of having the charges dropped from your boyfriend. They could have you arrested and brought before the grand jury, placed under oath and testify. If you refuse to testify you could be jailed for contempt. If you testify falsely you could be prosecuted for perjury. The system is designed to force cooperation if it is not willingly given. The better option is to speak with the DA further about dropping this matter. You may also tell the grand jury (after testifying truthfully) that you do not wish them to indict your boyfriend and give them reasons why. It may convince them or it may not, but you must not commit a new crime in an effort to absolve him from his.

Please reply if I can help further.

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Customer: replied 7 years ago.

How would i speak to the DA before the court date? is that possible ?

and what exactly am i going to be at the court for that day? to testify exactly what happened? what if i dont remember exactly whats on the p[olice report? what happends if he gets indicted? should he get a lawyer?

Expert:  JD replied 7 years ago.

Absolutely. Call them. Meet with them. Be open and honest and upfront.... this is what will most likely gain their trust and cooperation.

You are being subpoenaed to testify before the grand jury. If they decide to indict him then he will be brought to court to face the charges. The DA will review the facts of the case and his history (if any) and make some sort of plea bargain. I cannot predict without a full review of the case what that plea deal may be. This is what he will need a local lawyer to help him with. So if he is charged... he does need a lawyer.

If you do not remember things exactly as they are contained in the police report, that is fine... just tell what you remember and tell the truth. That is all anyone can expect.

Please reply if I can help further.

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Customer: replied 7 years ago.

who exactly do i need to speak with? i have never been in a situation like this so i have no clue on what to do....... i called them to ask what i needed to do to drop the charges and they just said i had to wait for the court date. what do i need to tell them in order to be able to meet with them?

Expert:  JD replied 7 years ago.

Ask to speak with the prosecutor assigned to your case. If there has been no assignment then ask to speak with the prosecutor assigned to present it to the grand jury. If that is not possible then ask to speak to their victim-witness coordinator. If all else fails then ask to speak to the main district attorney (the boss).

Customer: replied 7 years ago.

my court date is next week .....is it too late to try to talk to them?

Expert:  JD replied 7 years ago.

No. The DA could withdraw the case on the day of the grand jury if they so choose.

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