In the State of Texas, prosecutors are required by law to engage with victims of crime. It is important for the prosecutor handling your case to understand your feelings about the case and what you wish to see happen. Sometimes, we understand you do not want a case to be prosecuted at all. Every victim has the right to notify us of this wish by completing an "Affidavit of Non-Prosecution."
These types of documents typically inform victims of the fact that even though the victim might wish for charges to be dismissed or dropped, ultimately, the final decision in whether a case will go forward is with the Prosecutor assigned to the case. By law, prosecutors are required to act in every case "to see that justice is done." Sometimes, justice means dismissing a case--but sometimes, it can also mean prosecuting a case the victim wants dropped.
The whole community has a stake in prosecuting wrongdoers. Once a case is handed over to our Office, it is the State's case, and it is not in the power of any individual to "drop charges." However, if you are experiencing anxiety about testifying, or any other aspect of the case, please discuss your concerns with the Victims Assistance Coordinator, or the prosecuting attorney.
If you have questions about how to inform the Prosecutor you don't want charges pursued, or you want to visit more about why a case has not been dropped, please plan to attend our Office's next Victim Class. These classes are held on the first Tuesday of each month at 12:00 noon in our Conference Room. If you are certain you want to complete an Affidavit of Non-Prosecution, you should plan to attend the next Class.