Who Do I Call to Drop Charges On Someone?

So who do I call to get charges dropped in Texas? Well, the answer isn’t as simple as you think. Once charges are filed, the decision to drop them isn’t up to the victim's request or the person who reported the crime. It’s entirely up to the prosecutor. So even if the victim wants to drop charges, it’s the prosecutor’s call whether the case goes forward or not. The criminal justice system is set up this way to protect victims from being pressured into dropping their complaints but there is a way to navigate the process.



If you’re in this situation in Texas and want to know what you can do, let’s review what you need to know about who has the power to drop charges and what your options are.

• Who Decides to Drop Charges in Texas?
  
• How a Criminal Defense Lawyer Can Help You
  
• When Can Charges Be Dropped in Texas?
  
• Can Charges Be Dropped Before Court Proceedings in Texas?
  
• The Victim’s Role in Dropping Charges
  
• Dropped vs Dismissed Charges: What’s the Difference?
  
• What Happens After Charges Are Dropped or Dismissed?
  
• Final Thoughts: The Texas Legal Process

Who Decides to Drop Charges in Texas?

In Texas, the prosecutor decides — not the alleged victim or anyone else — and has the final say on whether charges are dropped. So if you’ve been charged with a crime or a victim wanting to drop charges the prosecutor’s office has the last word. They represent the state which is why even if the victim no longer wants to proceed the case can continue if the prosecutor believes there’s enough evidence to get a conviction.


You might think, “If the victim wants to drop the charges, shouldn’t that be enough?” Unfortunately, not. Texas law considers crimes against an individual and against the state. So even if the victim wants to drop charges, the state can still prosecute if there’s enough evidence to move forward without the victim’s cooperation.

How a Criminal Defense Lawyer Can Help You

If you want to get charges dropped on someone in Texas you first need to contact an experienced criminal defense lawyer who can talk to the prosecutor on your behalf. The prosecutor’s office, not the police or the judge has the authority to decide to proceed or drop charges. An attorney can review the case, discuss possible defenses, provide legal counsel, and help you through the process.

Criminal charges in Texas are serious business and having a good criminal defense lawyer on your side makes all the difference. Whether you’re facing a criminal prosecution or are a victim looking for a resolution, you need legal help.

A criminal defense attorney can review your case, gather evidence, and see if any mistakes were made during your arrest or the investigation. They can also negotiate with the prosecutor to get charges dropped or reduced or prepare a defense if your case goes to trial.

If you’re charged in McAllen, TX, or are a victim looking for more information about the process, contact The Law Office of Rolando Cantu. They handle criminal cases, protect your rights, and guide you through the Texas legal system.

When Can Charges Be Dropped in Texas?

While the victim doesn’t have the power to drop charges unilaterally their lack of cooperation can make a prosecutor’s job more difficult. Here are the situations where charges might be dropped:

• Insufficient Evidence: The prosecutor doesn’t have sufficient evidence to prove the case beyond a reasonable doubt. If the evidence is lacking or inadmissible they may drop the charges.
• Witness Credibility Issues: If the key witnesses are not credible the prosecutor may feel it’s too risky to move forward with the case.
• Constitutional Violations: If your constitutional rights were violated during the investigation such as an illegal search or improper interrogation the evidence gathered may be excluded. This could weaken the case and get the charges dropped.
• Pretrial Diversion Programs: In some cases, you may be eligible for a diversion program where if completed the charges will be dropped. These programs are usually for first-time offenders and focus on rehabilitation rather than punishment.

Related: If Charges Are Dropped, Is It Still on Your Record?

Can Charges Be Dropped Before Court Proceedings in Texas?

Yes, charges can be dropped before the court date but it’s up to the prosecutor. When someone is arrested, the evidence collected by law enforcement is turned over to the prosecutor’s office. Again, the prosecutor then decides whether or not to file charges.


During this stage if the prosecutor doesn’t think they have enough evidence to prove the case or if there are procedural issues they may drop the charges before the case even gets to court. This can happen during the investigation or pretrial phase. Remember the prosecutor, not the victim, has the power to make this decision.

Charges may be dropped if there are no credible witnesses, violations of the defendant’s rights (like illegal searches or improper arrests), or not enough evidence. In these cases, criminal defense lawyers can advocate for the defendant and negotiate with the prosecutor to get the charges dropped early and spare the defendant from a full trial.

The Victim’s Role in Dropping Charges

While victims in Texas can’t drop charges against someone themselves they still have a role to play. The prosecutor will consider the victim’s wishes when deciding what to do. But this doesn’t mean the victim has the final say. The prosecutor has to consider the bigger picture, public safety, and the likelihood of a conviction.

In domestic violence cases, the victim will often request the charges be dropped. Prosecutors though are trained to recognize when a victim is under pressure or coercion to make that request. So charges can still move forward without the victim’s cooperation if the prosecutor believes the accused is a continued threat.

You might be interested: How Often Are Felony Charges Dropped?

Dropped vs Dismissed Charges: What’s the Difference?

It’s important to understand the difference between charges being dropped and charges being dismissed. Both mean the case won’t move forward but they happen at different stages of the process.

• Dropped Charges: These can happen during the investigation phase or pretrial. The prosecutor may drop the charges if they don’t have enough evidence to convict or if other issues arise that make prosecution difficult.
  
• Dismissed Charges: This happens after charges are filed and the case is in court. A judge can dismiss charges for many reasons such as procedural errors, constitutional violations, or lack of evidence. Dismissal can also happen during the trial if the case falls apart due to weak evidence or witness problems.

In Texas a dismissal can be “with prejudice” (meaning the charges can’t be refiled) or “without prejudice” (allowing the prosecution to refile if new evidence comes up).

What Happens After Charges Are Dropped or Dismissed?

Once charges are dropped or dismissed the person accused is no longer subject to legal action for that criminal act. But just because charges are dropped doesn’t mean their record is clean. Just because they were arrested or charged doesn’t mean it will come off their record. Unless further legal action like expungement is taken to remove it.

Final Thoughts: The Texas Legal Process

Dropping criminal charges in Texas is not easy. Once charges are filed it’s up to the prosecutor, not the victim to decide whether to proceed. While charges can be dropped due to lack of evidence, witness credibility issues, or legal errors it takes a criminal defense attorney to build a case and negotiate with the prosecution.

Whether you’re a victim or the accused working with an experienced attorney will ensure your rights are protected and you have the best possible outcome. Don’t face criminal charges alone—contact an attorney who knows what to do.

If you or someone you know is charged in McAllen, TX don’t wait—get legal help now. The Law Office of Rolando Cantu can handle your case from dropped or dismissed charges to full criminal defense. Call today to schedule a consultation.