Texas Affidavit by Victim for Dismissal
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How to fill out Affidavit By Victim For Dismissal?
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FAQ
Prosecutors are not concerned with the wishes or needs of the real victim. The ?No Drop? policy requires the case to go to trial even if the real victim wants the charges dismissed. ?No-Drop? means the government will push the case all the way regardless of hardship upon the family.
General Affidavits must be signed in front of a notary public. A notary must verify your identification before you sign the document. Make sure to bring ID (like a driver's license or other form of identification) for the notary before you sign the affidavit.
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.
In a felony case, depending upon the specific offense, the prosecutor may have up to 5, 7, or 10 years to file charges. For other more serious charges, such as murder, sexual assault, and indecency with a child, the prosecutor does not have any time limitation to file charges.
Complete an affidavit of non-prosecution. This is an explicit request that the prosecutor drop the charges. There are sample affidavits online. However, you should work closely with your attorney to draft the strongest affidavit possible. You must swear to the truth of the affidavit before an officer or other notary.
Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.
For this reason, the only person who can drop criminal assault charges is the prosecutor. Not even the victim can get the charges dropped. However, the victim can ask the prosecutor to drop the charges by filing a formal affidavit and a new sworn statement explaining what happened during the incident.
Only a judge or a prosecutor can decide if a case gets dismissed. Prosecutors can drop charges against someone, or a judge can rule that a case be thrown out after the defendant makes a motion to dismiss.
