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In Texas if a Non Prosecution Affadavit was signed and the victim does not want to pursue why wont the DA drop the case?
Wiki User
∙ 15y ago
Because in the State of Texas the halls of justice are painted green. I have just been through the same thing. I was horsing around and playing a joke on a mutual friend of mine and my wife's and the Pflugerville (Travis County) police pulled up and accused me of destruction of public property. I was ultimately charged with a class B misdemeanor (considered a crime of moral turpitude which does NOT look good) and taken to jail. Even though I had a signed affidavit and our friend refused to testify the prosecution absolutely refused to drop the case because it was the county that filed the charges and they did not need her testimony to pursue further action. All it boils down to is money in Texas. They want your money and they don't care how they get it. Even if it means doing the wrong thing and hurting someone. Your best bet is to have your attorney speak with the prosecution (DA) and plea down to a class C misdemeanor depending on your alleged offense. Then, you will be able to have the arrest and the charge expunged at a later date. I believe it is now two years before you are eligible for expunction. Best of luck and get ready to bend over for Texas. I know I had to. And they DON'T use any lube when they bend you over. :(
Wiki User
∙ 15y ago
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Generally not. The prosecution is in the hands of the prosecutor, and only the prosecution can decide to drop or pursue a case.
What does the prosecution means?
The prosecution in the court room means they are representing the victim in a criminal case. The prosecution has the responsibility to prove that the defendant is guilty.
If the victim drop the complaint do the victim still have to testify?
This would be an unusual circumstance, the prosecution usually will not proceed with a reluctant complainant, however, yes, the case could still go ahead. If the state still wishes to proceed with the prosecution they could call the 'victim' to aid in the case.
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Will prosecution drop case if the victim drop charges on a theft case?
Not necessarily. The prosecution (The State) does not need the participation of the victim. Furthermore, the victim cannot "drop the charges" since the charges are not brought by the victim. The charges are brought by The State on behalf of the victim - who may or may not wish to participate. Occasionally, at the request of a victim, The State may agree to drop the charges.
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In criminal law, the party is not referred to as the plaintiff. There is only the prosecution and the defendant, and the prosecution will always show up. In criminal law, there is a complainant, who is commonly the victim to the crime. If that victim does not show up, the prosecution requests a continuance, and may even submit a Motion to the judge to compel the victim to court. Generally, with proof that the prosecution has properly attempted to subpoena the victim, the judge may give two or possibly even more continuances, depending upon the customary practices of the judge and the seriousness of the crime alleged.
In the trial of a homicide offense the prosecution must prove a causal relationship between the defendant's wrongful act and the victim's death?
True
Can you abuse your spouse without fear of prosecution if they are an illegal immigrant?
No. If police get called, you go to jail. Criminal law does not depend on the nationality or the status of the victim.
What is a Prosecution Witness?
A prosecution witness is someone who will provide evidence for the prosecutions case. If i was representing a client who was shot by his friend and witness by another friend I, as the lawyer (prosecutor), would be representing my client (the victim, or plaintiff), and suing the defendant (the shooter) and calling the witness to testify on behalf of my client (the victim) proving the fact that the defendant shot my client (the plaintiff).
What happen if the victim recanted several times?
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After the state of South Carolina has taken over a CDV case can the victim do anything to have it dropped or stopped?
No, once the charges have been filed the case is in the hands of the prosecution and the involved parties have no say in the adjudication process.
Can a victim receive a subpoena?
Crime is more than a personal issue, it is an offense against society, that is why the STATE prosecutes instead of the individual. Even if the complainant does not wish to prosecute they may need to be involved in the prosecution.
