If you want to drop charges, is it legal for the DA to tell you no?

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If you want to drop charges, is it legal for the DA to tell you no?

My brother accidentally shot someone with a pellet gun. After my mother talked to him, he tried to drop the charges but the DA told him he couldn’t.

Asked on March 2, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Yes, the district attorney can still proceed with a prosecution even if the particular victim does not want to proceed with a crimnal prosecution or press further charges. The reason being is that the district attorney is supposed to represent the public against crime as a whole, thus giving them the power to determine which cases to prosecute, and not individual members of the public.


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