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How Texas’s No-Drop policy can affect you

On Behalf of | Jun 5, 2023 | Criminal Defense

What happens when a person is falsely accused of domestic violence? Can the person who filed the charges drop them? In Texas, it is not so simple.

Texas has a “No-Drop Policy” policy, which does not allow a person who files a domestic violence complaint against another person to drop the charges. With good cause, however, sometimes it is possible to get the charges dropped.

Why do complainants recant their statements?

  • In some cases, there was no actual or substantial violence and the individual exaggerated facts because they were angry at the person they accused of domestic violence.
  • In some cases, the violent incident was a one-time, isolated event, and the victim wishes to deal with the matter privately and without the involvement of the courts.

How can I get the charges dropped?

Under the state’s policy, the state prosecutor must agree to drop the domestic violence charges. Usually, an attorney will present sufficient evidence on behalf of their client showing that they are not a threat or did not do what the complainant alleged.

Why is it difficult to get domestic violence charges dropped?

It is difficult to get domestic violence charges dropped because prosecutors tend to be doubtful when victims recant their statements due to the knowledge that psychologically, victims tend to go back to their abusers, fear retaliation, financial losses or retaliation on the part of the accused.

However, legal counsel can submit evidence on behalf of the accused proving that the event did not occur or that the police misread or misunderstood the situation, which happens more often than you think.

Receiving an accusation for a crime you did not commit is a terrible experience, especially if the victim shows physical injuries you did not cause. Understanding the urgency of knowing what to do in these situations is critical because they can have lifelong repercussions.