Can a DA still pursue a case if if you were arrested and restition was made, fines were paid, and the victim dropped the charges?

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Can a DA still pursue a case if if you were arrested and restition was made, fines were paid, and the victim dropped the charges?

Charge was forgery of financial instrument? What is the punishment for this if you have a previous forgery that was deferred probation completed?

Asked on May 1, 2011 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

The fact is that it is up to the DA as to whether or not to file criminal charges, not the alleged victim.  What that means is that a case may be prosecuted over the victim's objection.  While the states case would be stronger with their testimony but if there is other evidence to support the charge the case may still go forward.  However, an experienced attorney may be able to use the fact that the victim does not want to cooperate to obtain a favorable result for the defendant.  Skilled legal counsel may be able to talk the prosecutor into dismissing the charges; especially since restitution and fines have been paid. The negative here is of course that this is not a first offense.

Right now, you should to consult directly with a criminal law attorney in your area as to your situation.


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