This is a multi-state form covering the subject matter of the title.
Trial On Demand In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-000291
Format:
Word;
Rich Text
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FAQ
A Waiver of Prosecution is a notarized, sworn statement from the alleged victim saying that he or she would not like to press charges against the alleged perpetrator of the crime. Filing this document can certainly help the case but it is not guaranteed to make the prosecutor decide not to press charges.
Do prosecutors have to dismiss a case when they receive an affidavit of non-prosecution? No. An affidavit of non-prosecution has no formal legal effect, and prosecutors can still go forward with a criminal case regardless of the wishes of the alleged victim.
An Affidavit of Non-Prosecution is a sworn statement made by the alleged victim of a crime, indicating that they do not wish to press charges or continue with the prosecution of the accused.
An affidavit of non-prosecution is a legal statement where the victim or witness of a crime formally declares they don't want to press charges against the accused. This document can influence the decision to proceed with the case, though it doesn't guarantee the charges will be dropped.
Harris County is the county that includes all of the city of Houston and a number of other neighboring communities.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
A Texas defendant can make a demand for a speedy trial. At this point, a judge will generally set a trial date. But, unlike the majority of states, Texas law doesn't specify a set parameter in which the trial must start upon a defendant's demand (like 90 or 120 days).
As noted above, every criminal case is unique—and no set length of time violates one's right to a speedy trial. However, Texas courts have found a wait of eight months or more between arrest and trial is enough to trigger an analysis for a speedy trial violation. (State v.
(the prejudice factor used to determine if there is a Sixth Amendment speedy trial violation should be assessed in the light of the three interests of the accused which the speedy trial right was designed to protect: (1) preventing oppressive pretrial incarceration; (2) minimizing anxiety and concern of the accused; ...