Is an affidavit signed by the victim enough to drop charges down

My husband has been charged
with intoxication assault
and i was the one hurt in
the accident. I have signed
an affidavit to try to get
the charge dropped or
reduced will they use it in
court? Or what will happen?

Asked on April 28, 2017 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is the state, not the victim, who decides whether or not to drop criminal charges. And even without the victim's cooperation, a case may go forward if there is enough other evidence to support a conviction. At this point, you really should consult with a criminal law attorney as to all of this.


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