A failure to prosecute.
If you're hoping to have charges dropped before your court date, there are specific actions you can take with the guidance of a skilled defense lawyer. While there's no guaranteed method, here are the most effective approaches: Presenting evidence to challenge the charges. Filing affidavits of non-prosecution.
A written statement of facts signed by a person in the presence of an officer authorized to administer oaths, such as a notary public, after the person has first declared under oath that the facts contained in the statement are true. (Compare with definition of "declaration.")
In Texas, you may use a general affidavit form to compile your statement so long as you include the details pertinent to the reason you need an affidavit. You must also have the document notarized.
An affidavit of non-prosecution is a sworn, notarized statement from a victim requesting that charges against a defendant be dismissed. 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.
Statement of Intent: Write a clear statement indicating the desire not to pursue charges. This declaration should express the victim's decision unequivocally. Signature: The victim must sign the affidavit to validate the document.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.
Obtain the Form: Obtain the affidavit of service form from the court or its website. Fill Out Personal Information: Include the servicer's and recipient's names, addresses, and any other required identification details. Detail Document Information: Specify the type of documents served (e.g., complaint, summons).
Reasons for this choice often include personal relationships, a desire to protect the individual from criminal prosecution, or the impact of legal processes on their lives.