Legal Question in Criminal Law in Texas

Individuals don't file charges in criminal cases. Criminal cases are filed and prosecuted by the government which can be a State agency e.g. the District Attorney, or County Attorney, or a Federal Agency which would be the United States Attorney. In low level cases, the entity can be the City Attorney. If you are the complaining witness or victim in a criminal case, you do not have authority to have a case dismissed. However your wishes will frequently be taken into consideration by the prosecutor. In cases, such as assault, the prosecutor may request that you attend some form of counseling program which is designed to give you information on resources available to assault victims and the like. Most responsible prosecutor's offices will have staff, such as a victim assistance office to help you with your effort to request charges be dropped. Ultimately it is up to the prosecutor to decide whether charges are dismissed. If the accused has an attorney, I am sure that attorney would be willing to assist in getting your wishes accomplished as he or she is working toward the same goal. If the prosecutor's office is being unhelpful, you can cease cooperation and seek the assistance of the defendant's lawyer.

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