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Can a district attorney dismiss an individual who got caught in a criminal activity?

San Antonio, TX |

Can a district attorney allow a peron who had knowledge of a crimal activity and was caught during the crime be allowed to be dismissed without any charges

Attorney Answers 5

  1. Generally speaking, the DA, or whoever is the prosecuting agency in the case, has the decision on whom to charge with a criminal offense. Many factors are at play, culpability, cooperation, etc.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. Please contact Mr. Vinas at (713) 229-9992 for a FREE CONSULTATION or visit his website at

  2. Yes. The DA can prosecute or dismiss whatever cases he chooses.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  3. You could always try to take it to the AG's office or maybe your local U.S. Attorney if the conduct is a federal offense as well.

  4. The district attorney can and often does dismiss charges against an individual even when the evidence is strongly against them for various reasons including unavailabilty of their witnesses on trial date or sometimes in the interest of justice (first time offender). Usually circumstances like your example where someone may have had some involvement or knowledge of a crime may or may not warrant the actual filing of charges. If you are a loved one may be in the situation described in your questions, contact an experienced criminal defense lawyer in your area.

  5. Not in Austin, Texas

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