If my wife got arrested for assault against me but do not want to press charges, is this something that will get dragged out against our will?
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If my wife got arrested for assault against me but do not want to press charges, is this something that will get dragged out against our will?
I disagree with the charges.
Asked on July 7, 2014 under Criminal Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Whether or not to prosecute a case (in other words, whether or not to drop charges) is a decision for the prosecutor and not with the victim. This means that this case may be prosecuted over your objection. While the state's case would be stronger with your cooperation, if there is other evidence to support the charge then it may still go forward.
All that having been said, an experienced criminal defense attorney may be able to use the fact that you do not want to testify, etc. as leverage to obtain a favorable result for your wife (i.e. to potentially have the charges dismissed). However, prosecutors are often very unwilling to drop these types of cases because they do not want to send the message to offenders that they can intimidate or otherwise unduly influence their victim.
Note: If you are subpoenaed you must show up in court or you can be held in contempt. You really should consult with an attorney as to all of this.
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