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I was arrested for aggravated assault (5 counts). Now that…

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I was arrested for...

I was arrested for aggravated assault (5 counts). Now that the facts are becoming clearer. They want to draft a letter of no prosecution. My question is. If signed what will appear on my record ?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Texas. June.

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes.

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
12/11/2017
Lawyer: Zoey, JD, Attorney replied 8 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,806
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 8 months ago

If you have been arrested, photoed and fingerprinted, but your case gets dropped, the arrest and dismissal will appear on your criminal history.

The case belongs to the state and not to the complainant. This means the prosecutor is the only one who has the power to drop the case. Typically they are reluctant to do so as a matter of policy, particularly if the charges are serious. However, if the DA does agree to drop only the arrest information and the dismissal will show, and you could petition to have that expunged from your record.

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Customer reply replied 8 months ago
You say just the arrest information. What else could he drop ?
Lawyer: Zoey, JD, Attorney replied 8 months ago

The arrest is already on your criminal record. You would have to get it expunged if your case is dismissed. The prosecutor can drop the charges, but he can't erase your record.

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Customer reply replied 8 months ago
Is dismissed the same as "no billed" ?
Lawyer: Zoey, JD, Attorney replied 8 months ago

"No billed" is a particular kind of a dismissal. It's when a grand jury says there isn't enough evidence to prosecute with.

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Customer reply replied 8 months ago
What else can he offer that's favorable
Lawyer: Zoey, JD, Attorney replied 8 months ago

Each count of these charges offers a possible maximum penalty of up to 20 years in prison. If a grand jury "no bills" then the case will be dismissed. If the grand jury indicts, the offer wlll involve prison

Before indictment, the DA can dismiss some or all of the charges or reduce the charges to a misdemeanor, but frankly, with 5 counts of aggravated assault, typically he will not be looking to do the defendant any favor. If the victiim faiils to cooperate, then the case will be dismissed. If the DA can secure the victim's cooperation, in my experience the DA will want to proceed as a felony charge.

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Customer reply replied 8 months ago
Affidavit of non prosecution will usually lead to dismissal ?
Lawyer: Zoey, JD, Attorney replied 8 months ago

No. It's entirely at the discretion of the DA. The uglier the facts of the case, the more likely the DA will want to prosecute regardless of what the victim wants.

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Lawyer: Zoey, JD, Attorney replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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