Can the person who had me arrested for criminal charges state jail felony theft in Texas...drop the charges?

Asked over 3 years ago - Lufkin, TX

my mother and i were arrested for state jail felony of theft. My mother and I moved and we packed items that were given to her as gifts from her fiancée. Needless to say...his son works this backwoods sheriffs office. And 2 months from the day we moved.. at 1030pm at night i get served a warrant and arrested. I am not even sure who is filing charges the fiancée or his son? how can we find out and can they be dropped if the person pressing the charges drops them?

Attorney answers (3)

  1. Cynthia Russell Henley

    Contributor Level 20

    Answered . Someone made a report to police who presented the case to the prosecutors' office who accepted charges. The complainant in the case can ask for charges to be dismissed but the decision on whether to proceed is the prosecutor's. You should not talk to the complainant or their spouse or u might be accused of tampering with a witness. Hire a lawyer who can read the report and tell you what is going on. And the lawyer can talk with witnesses etc.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person... more
  2. John J. Fox

    Contributor Level 5

    Answered . The person named in the indictment is the Complainant in your case. You are entitled to have a copy of that indictment. Your lawyer can obtain it from the Court your case is set in. As to who is driving the prosecution of the case forward, it may be a different person than the one named in the indictment. It may be the parent of the complainant, spouse,etc., with a grudge against your or your mother and they have "put up" the complainant into filing the complaint against you.

    Many times, property theft cases are dropped by the State if there is a signed waiver of prosecution from the named complainant or if proper restitution is made. That being said, there is nothing under Texas law that prohibits the DA's office from ignoring that waiver and proceeding to prosecute you anyway. For example, if you had a long criminal record, the State may decide to prosecute you in spite of what the complainant now says. They could subpoena the complainant, put him or her on the stand and try to hold them to their original statement to police about how their property was stolen.

    Your lawyer should speak to the complainant, if possible, and attempt to iron out the situation and seek a waiver of prosecution. If you attempt to do this on your own, you may be accused of retaliation or witness tampering which would make your current situation worse.

  3. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . As is noted above, the person that initially contacted the police to complain of a crime, has the ability to request the charges be dropped, however once the state starts its case, they don't have to stop. Hire an attorney. See if that attorney can get an affifdavit of non prosecution for the alleged theft.
    Angelina County is strict, but you can work around it.

    Good luck, and contact me if you'd like to discuss your options down there.

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