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I am
the victim in a domestic violence case and I want to drop charges. Can I
do that?
Many people incorrectly believe that a victim has the power to "press
charges" against the alleged abuser, or to later "drop the charges." All crimes
are offenses against the community, not just the individual victim. All
criminal complaints are prosecuted on behalf of the State of Texas.
ONLY the prosecutor can issue or dismiss charges. This is important
because it takes the responsibility for prosecuting the abuser off the
victim's shoulders and puts it on the prosecutor's, where it legally
belongs. It also means that the defendant cannot "pressure" the victim
into dropping the charges.
Although the decision whether to prosecute or not prosecute is
ultimately up to the prosecutor, the victim's opinion is important, and
the prosecutor will take those wishes into account when making his or
her decisions regarding the case. A variety of factors are taken into
consideration when deciding whether to honor a complainant's request not
to proceed with a prosecution. These include the nature and extent of
the defendant's prior criminal history, the severity of the alleged
crime, whether the defendant has other pending charges in the criminal
justice system, and future danger to the community (including to the
current victim).
The alleged victim can, however, execute a non-prosecution affidavit
requesting that the charges be dropped. Sometimes, this can have an
impact on the prosecutor's decision on whether to continue to pursue the
case.
I was
the victim of a violent crime. Who will pay for my hospital bill and my
lost wages or help me collect for pain and suffering?
The Texas Crime Victim's Compensation Fund may be able to help you
with medical expenses. With regard to compensation for pain and
suffering, you may need to contact our office for a consultation.
If I
get a subpoena do I have to go to court?
Yes, you must go to court. If you fail to do so, the judge may impose a
fine or a jail sentence. (Be sure to bring your subpoena with you to
court.)
Why am
I a witness? I didn't see the crime happen.
Witnesses are not limited to "eye witnesses." You may not have seen the
crime happen but you may know something about it. You may also know
something about a piece of evidence, or you may know something that
contradicts another witness's testimony. If you wonder "why" you are
testifying in a particular case, ask the lawyer who subpoenaed you.
There is probably a common-sense reason.
As a
witness, do I have to talk in front of the defendant in court?
Yes. The defendant must be present in court to hear what all the
witnesses say about him/her. The lawyer for the defendant is called the
defense attorney and will ask you questions after the prosecutor does.
Is the
district attorney my attorney or do I need to get my own attorney?
The district attorney represents the State of Texas in
criminal court. The district attorney does not represent the victim.
If I
miss work to testify, who will pay for my loss in wages?
Witnesses must go to court to testify about matters that they have
knowledge of. It is a civic duty imposed upon all citizens in order to
insure a just and fair judicial system.
Who
decides what charges to file, and how do they make that decision?
If you were arrested, the arresting officer arrested you for what he/she
thought was some violation of law. However, a prosecutor could decide
that it was some other crime and this could increase or lower the
charge.
I was
the victim of a crime. Who can you tell me the name of the defendant and
the defendant's next court date?
The DA's Office can provide you with the name of the defendant and the
next court date if charges have been filed against the defendant.
In
court the judge ordered the defendant to pay restitution to me. But so
far I haven't received anything. Who can help me?
You may call the Victim’s Assistance Coordinator for the Community
Supervision Office formerly known as the Probation Office.
I think
I've been cheated by a contractor, tradesman, shopkeeper, other person
who provides labor or services. What do I do?
Call your local police first, then notify your lawyer. If you live
outside the city limits, call your Sheriff's Office. If you live within
the city limits, call the city police.
I am a
merchant. Who can help me collect on a bad check?
The County Attorney's office collects hot checks under $1500.00. The
District Attorney’s office collects hot check in excess of $1500.00.
I want
a restraining order to keep my husband/wife, boyfriend/girlfriend, or
other person away from me. Who do I contact?
If you are in eminent danger, call 911 immediately. Otherwise, our
office may be able to help you. Call us for a consultation. |
