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Will a judge dismiss a charge if a no charge affidavit is presented

Houston, TX |
Filed under: Criminal charges

my husband is in jail and he has a charge of agg assault but the alleged victim wrote an affidavit to help him

Attorney Answers 3


No. The judge won't dismiss anything. I think you're question is whether the DA will dismiss the case because the victim has signed an affidavit of non-prosecution. I want to say no to this also, but instead I'll say rarely. DAs receive ANPs on close to half of assault cases. This does not cause them to dismiss. It will be helpful that the alleged victim doesn't want him prosecuted. There are other ways she can help get the case dismissed. His defense attorney can talk to her more about this.

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As a former prosecutor with the Harris County District Attorney's Office I have a great deal of experience in this area. The victim does not decide to file charges or to have them dismissed. It is up to the prosecutor handling the case to decide what to do. However, the affidavit can effect the outcome of the case. The best bet it to retain an attorney with experience with these types of cases and let that attorney assist you in this matter. Most attorneys, including myself, offer free consultations.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

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The short answer is "no". Here's the why.

A judge cannot simply up and dismiss a case. Someone has to ask him/her to do that, and that someone is the prosecutor in all but a few situations that are not involved in your question.

An affidavit that no offense happened is something that would be potentially useful to a defense attorney in approaching the prosecutor to try to keep a case that has not been indicted yet from getting indicted.

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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