Can an aggravated assault charge be dismissed if the person who filed charges doesnt show up to court?

Asked about 4 years ago - Grand Prairie, TX

The charge is aggravated assault with a deadly weapon. My boyfriend who pressed charges against me no longer wants to. We were told if he just drops the charges the state will pick them up?

Attorney answers (1)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . Once the police call the prosecutors' office and they accept charges, the State of Texas is prosecuting the case. On some occasions, they will listen to a complainant who wants a case dismissed and dismiss it. However, they are not required to do so.

    If your boyfriend is served with a subpoena and he does not show up for court, then the State can move to have him arrested, and even held in jail as a material witness, for trial. In addition, because the case involves domestic violence, the State can use hearsay as evidence against you. Meaning, that even if your boyfriend does not appear in court to testify, or if he testifies differently than what he told the officers at the time, they State can introduce the 911 call (if any) and statements made to police officers that night (as well as the eyewitness evidence, if any.)

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