Burglary of habitation, father initially pressed charges, can he change his mind now?
Question Details: My good friend was arrested three days ago for a burglary of a habitation in Parker county Texas that he allegedly commited a month ago. The habitation was his father's, and his bond is set at 25,000. Is there anything I can do to assist him? I can't afford his bond, but I'm considering scraping together the money for him to get a lawyer. Since his father is the one who pressed charges, is it possible that if he were persuaded to change his mind out of pity or compassion, could the charges get dropped? I'm guessing it probably doesn't work like that. . . Thank you in advance for your time
Criminal Defense Law Answers
The decision whether or not to prosecute a case (i.e. whether or not to drop charges) rests with the prosecutor and not with the alleged victim. What that means, from a practical standpoint, is that a case may be prosecuted over the victim's objection. While the states case would be stronger with the victim's cooperation, if there is other evidence to support the charge the case may still go forward. However, in cases such as this, once the victim requests that the charges be dropped, the prosecution may well comply. Bottom line, speak with an attorney as to all of this.
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