Legal Question in Criminal Law in Texas

Can 3rd degree felony charges be dismissed is the police department never sent the charges to District attorneys office?

Asked on 3/26/19, 9:37 am

1 Answer from Attorneys

Wes Ball Wes Ball Law

The question is conflicted. Typically the police send their investigation to the DA who is the entity that actually has the authority to file charges. The police can't file charges, the lawyer for the State does that. It could be that the police seek and obtain an arrest warrant, resulting in someone's arrest, but that is not having charges filed. If the person is in jail and no charges are filed fairly promptly, the Court can be petitioned to release the person. If the person has posted bail, eventually, most jurisdictions will discharge the bail after a several months if no charges have been filed and there is good reason to believe that charges won't be filed.

It is also true that a District Attorney can file charges without any police intervention if they have some other basis giving them reason to believe someone has violated the law.

It is always a good idea to contact a Board Certified Criminal Law Specialist to determine your rights and how to proceed.

Wes Ball

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Answered on 3/27/19, 11:49 am

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