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Sheriff said DA dismissed criminal case where my family member is the victim. How should I get the case going?

Houston, TX |

I had requested a copy of the police report, waiting for the mail to come. After that i'm thinking to take it to the DA office to have them review. There was a lot of mistakes/questions since the beginning:
detail of the assault was missing from report (saw in the patrol car)
No arrest when officer saw injuries on body and urge us to go ER
suspect lied about ever met in person
later suspect admitted went to check injuries in hospital and apply aid to the victim.

Sheriff of the our case wasn't too happy to handle our case, could that be part of the reason of case being dismissed?

what other option could we have to have suspect prosecuted?
also would like to sue and get compensate for PTSD/emotional distress/theft/illegal restrain/assault & battery/domestic violence.


Attorney Answers 3

  1. You can go to your local police department. I'm not sure why the Sheriff's Department was involved instead of the PD. Ask to speak to a sergeant. Most DA's offices don't allow direct file, which means a case is only coming in from an arresting agency. You can go through the DA's office for a protective order. That may peak a DA's interest as to why nothing was done in your case. As for a civil suit, you need to contact a civil attorney to discuss that possibility.

    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.

  2. You can always maintain a civil suit against the person and develop evidence during the civil discovery process that may lead to the DA reconsidering a filing.

  3. A criminal case is not victim vs. defendant, but instead is State of Texas v. Defendant or USA v. Defendant.

    As the lawyer for the State or for the USA, the prosecutor has the authority to move to dismiss any case he or she chooses to, even for no reason at all. Who would have thought....

    When a person feels a charge in which they or a loved one is the alleged victim has been wrongfully dismissed, that person is within his or her rights to inquire in a businesslike way why the charge was dismissed. In most prosecutor's offices there is a designated victim assistance person who is the first contact point for such inquiries.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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