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If I signed a non prosecution statement can I go back and ask that the person be prosecuted years later?

Desoto, TX |

I want to know why the state did not pick it up and prosecute like they do most other people.

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Filed under: Criminal charges
Attorney answers 4

Posted

If you signed an affidavit of non-prosecution and the State actually dismissed the case, they are not likely to refile it. Their case becomes much more difficult to prove because you have gone back and forth on it, so they may not want to spend any more time on it. You can certainly call the Dallas County DAs office and ask to speak to a victim advocate. They can look into it for you.

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Posted

I agree with Ms. Jaggers. I would add that most prosecutors are likely to be "done" with a case if the victim asks that it be dropped and the prosecutor then agrees to drop it. That might well explain why the prosecutor did not "pick it up".

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.

Posted

Not likely. Once they drop the case, it's dropped even if you change your mind if your signed the dismissal.

Posted

Not likely. Once they drop the case, it's dropped even if you change your mind if your signed the dismissal.