Criminal assault charges are not filed by citizens.The local prosecutor makes a decision on whether to bring criminal charges.Criminal assault charges can only be dropped by the prosecutor.The charges can't be dropped for the victim.The victim can ask for the charges to be dropped by filing a formal affidavit and a new sworn statement.The prosecutor can still bring charges even after that.
Step 1: Meet with an attorney.
Depending on the county, the process for getting criminal charges will be different.You should look for a criminal defense attorney in the county where the charges are.If you need a referral, contact the Texas Bar Association.If it is a domestic violence case, you should ask for a referral to an attorney who specializes in it.You should meet with an attorney if you are the accused.You need to get sworn statements from the victim to walk through the steps.Ask the lawyer how much he charges.Before you meet with a criminal defense attorney, don't talk with the prosecutor.You need to be careful with what you say to the prosecutor.
Step 2: A new sworn statement should be drafted.
The victim will need to correct any errors in their sworn statement to the police.They can work with their lawyer.It is helpful to have a copy of the sworn statement.If you don't have a copy, your lawyer can get one.You need to explain why your initial statement was incorrect.You might have been so confused after the incident that you couldn't remember what happened.The police might have written the wrong information down.Don't lie.It is against the law to make false statements to the police.
Step 3: An affidavit of non-prosecution is needed.
The prosecutor should drop the charges.There are sample affidavits.The strongest affidavit is possible if you work closely with your attorney.You have to swear to the truth of the affidavit.Don't ask the prosecutor to drop charges.Discuss it with your lawyer.
Step 4: Attend counseling.
You may have to attend domestic violence counseling before the charges are dropped.The purpose of these classes is to alert you to the help available for victims of domestic violence.You can discuss the incident in a safe environment.You can talk to the counselor about your concerns if your partner is trying to get the charges dropped.Discuss where you can find classes with your lawyer.If they don't know, you should look for a lawyer with experience in domestic violence.The police may drop the charges if the defendants attend domestic violence classes or counseling.
Step 5: If necessary, lift any protective order.
If your partner has been charged for domestic violence, you may have received a protective order.You should make sure your partner complies with the order.They can't contact you until the order is lifted.Tell your partner to go to a lawyer if they are contacted.Explain that the protective order is being lifted.Penalties are steep for violating a protective order.Your partner could be fined up to $4,000 and sentenced to prison for a year.Talk to your lawyer about how to get the protective order lifted.You could simply wait it out because they expire after a certain amount of time.If you want the judge to lift the order, your lawyer can file paperwork with the court.
Step 6: Wait for the charges to be dropped.
The charges might not be dropped by the prosecutor.They have complete control over who they prosecute.If the prosecution is going forward, your lawyer should be in touch with the prosecutor.The prosecutor doesn't need you to testify in the case.They can show photographs or call audio, as well as testimony and medical records.
Step 7: Don't talk about the case with others.
You can speak with the prosecutor, the police, and your family members.You should not discuss your testimony with anyone else.Say "I was told not to talk about it" if someone asks you about the case.Tell the prosecutor if it's true.They can help with the situation.
Step 8: If you're asked, show up to court.
The prosecution may go ahead.You have to show up to court if you are the victim.It can have negative consequences if you don't show up.If the state gets a writ of attachment, the sheriff's deputy can bring the victim to court.
Step 9: Listen to the question closely.
Ask the lawyer to rephrase or repeat the question if you don't understand it.Don't forget to repeat the question in your mind.Interpreters are provided for people who are not comfortable speaking in English.Before the day of the trial, you should talk to the prosecutor about the need for an interpreter.
Step 10: Answer with confidence.
Give a confident answer instead of saying "I think" or " I guess."You might not know the answer to every question if you use words instead of gestures.If you really do not know the answer, say, "I don't remember."Clarify as soon as possible if you make a mistake.Say, "Can I correct something?" and then explain.When testifying, always use your own words.You cannot be coached to say certain things.Don't use words that make you uncomfortable.
Step 11: Let the truth be known.
You have to take an oath.You are committing perjury if you lie.There are heavy penalties for perjury in Texas.You could be sentenced to state prison for two to ten years for lying in court.You don't want your partner to be mad at you.You have an obligation to tell the truth in court.The prosecution is brought for a reason.The state believes a conviction is the only way to confront dangerous behavior.