Dropping Family Violence Charges In Austin

After a stressful domestic dispute, many couples want things to go back to normal. A domestic violence charge creates a massive crisis for a family. Often, the complaining partner wants the case to go away. At Hildreth & Rueda, we understand this panic. Our attorneys have more than 20 years of combined legal experience helping clients in Travis County. We work hard to protect your rights and help you find solutions.

The Most Common Misconception

There is a major myth surrounding Austin domestic violence calls. People often believe that if both parties want to drop the case, the issue is over. This is not true. In Texas, the alleged victim cannot drop the charges. Once an arrest occurs, the case belongs to the state of Texas. Specifically, it becomes the property of the district or county attorney.

The alleged victim does have the option to sign an Affidavit of Non-Prosecution (ANP). This is a sworn, notarized statement. It formally declares that the complaining witness does not want the state to pursue criminal charges and will not cooperate with the prosecution. However, you must be careful.

Here is what you need to understand about this process:

• The state of Texas has complete control over the criminal case.
• The complaining witness cannot force a prosecutor to dismiss the charges.
• An ANP does not guarantee your case will be closed.

Travis County prosecutors often ignore ANPs. They regularly push forward with the case regardless of what the family wants.

How A Defense Lawyer Uses An ANP

An ANP is not a magic wand. However, it is a very useful tool in the right hands. A skilled defense attorney uses the ANP as vital leverage. We use it to negotiate case dismissals or charge reductions with the prosecutor.

Even with an ANP on file, you still need a strong defense strategy. Our legal team helps by:

• Reviewing the exact evidence the state plans to use against you
• Evaluating your legal risks at every phase of the criminal justice process
• Protecting your family from overzealous state prosecution

It is vital to understand the evidence in your case. You also must clearly understand the risks involved at each step of the process.

Schedule Your Initial Criminal Defense Consultation

Do not wait and hope a family violence charge will magically disappear. You need local legal help to protect your future. Contact Hildreth & Rueda today to set up your free consultation. Call us at 512-415-7648 or fill out our online contact form. We are here to defend you.