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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I am a victim. I dropped the charges because of death

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I am a rape victim. I dropped the charges because of death threats and with the understanding the guy would leave me and my children alone. He is stocking me and I'm being told he will go through with the death threats now that the rape charges were dropped. What can I do?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 10 months ago.
Hello,

Thank you for the information and your question and I am sorry to read about your situation. You need to immediately notify local law enforcement of the stalking, harassment and the threats. Depending on what State you are in, you may be able to get a protective order against him. But in all states, this sort of behavior is criminal and you need to report it now. If you have any sort of documentation of the threats and his actions, such as texts, phone messages, photos, witnesses, etc., that will help law enforcement take action.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 10 months ago.
I'm in the state of Texas. I do have a protective order. I gave all proof of the incidents, the threats the harassment the rape, everything. I dropped the charges because I was told nothing would happen and the the threats and stocking continued. I fear for my life now because I know he broke the agreement to leave me alone if I dropped the charges
Expert:  Marsha411JD replied 10 months ago.
Thank you for your reply. Both stalking and terroristic threats violate Texas law, so you really do need to file an immediate police report/complaint. Also, of course, if you do have a protective order and he is violating it my contacting you, then that should be reported to the police as well, since they can arrest for violating the order as well. You might also want to read more about the law and some support/contact agencies by going to the Texas Attorney General's website at: https://www.oag.state.tx.us/victims/stalking.shtml
Customer: replied 10 months ago.
Is there any way to get the charges reinstated? I know on the affidavit for no prosecution it states that I shouldn't be signing if I was being forced threatened or bribed but since I did it for the fear of death because of the threats can my rape charges be reopened since he was never tried? I fear for my life and the life of my children since he has a history of family violence and he is a three time convicted felon
Expert:  Marsha411JD replied 10 months ago.
It is possible, but this is entirely up to the prosecution unless the charges were dismissed with prejudice. If they were dismissed with prejudice, then they are legally barred from being charged again. If without prejudice, then they can be refiled as long as the statute of limitations has not run and the prosecution thinks the case is worth pursuing (in terms of proof issues.)
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17310
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 11 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.
It is possible, but this is entirely up to the prosecution unless the charges were dismissed with prejudice. If they were dismissed with prejudice, then they are legally barred from being charged again. If without prejudice, then they can be refiled as long as the statute of limitations has not run and the prosecution thinks the case is worth pursuing (in terms of proof issues.)


What does this mean?
Expert:  Marsha411JD replied 10 months ago.
Can you tell me what part you don't understand, because the language is just about as straightforward as I can make it, but I would be glad to explain further. If you are asking about the "prejudice" versus "without prejudice" then that is what happens in court when the prosecutor dismisses the case. You would have to ask them how they dismissed it.

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