Affidavit of Non-Prosecution Defending Rights. Fighting Injustice.

Affidavit of Non-Prosecution

Explaining Complications in San Antonio Criminal Defense

There is a common misconception that victims of criminal cases have the power or ability to drop criminal charges against persons accused of committing crimes against them. While this may be the case in a civil matter, criminal charges have a different procedure.

When Texans are accused of committing a crime, they are arrested for violating a law of the State of Texas, not necessarily for violating the rights of another person. This can be confusing, but the main point is the district or county attorney's office of each county is responsible for prosecuting individuals that are alleged to have committed crimes, and as such, the prosecutors have the ability to dismiss the charges, subject to approval by a judge.

Working to Drop Charges

Even if the victim in the case makes his or her wishes known that he or she wants the case dismissed, it's still up to the prosecutor. Because the accused is being prosecuted for violating a law against the state, the victim does not have a "seat at the table" so to speak, or a legal term called "standing," to really affect the outcome of the case other than testifying for or against the accused in court.

For example, if a husband is arrested for allegedly assaulting his wife, and the wife immediately tells the police and the prosecuting attorney that she believes that she made a mistake and she does not want to press charges, the police officer may still arrest the husband, hold him in jail until he makes bond, and the prosecutor can still prosecute the case to the full extent of the law. If the accused has prior domestic violence cases or a lengthy criminal history, the prosecutor may not obey the victim's wishes.

Working with a Skilled Criminal Defense Attorney

In some cases, a skilled criminal defense attorney may be able to convince the prosecutor to dismiss charges if the victim does not want the case to proceed. Often, a meeting may be arranged between the prosecutor and the victim or, with the help of the accused's defense attorney, the victim may present an Affidavit of Non-Prosecution detailing the reasons he or she does not want the case to proceed.

Call (210) 201-7622 to speak with me about possibly using this affidavit to our advantage in your case.

Real Results

I Have Successfully Defended Thousands of Cases
  • Aggravated Assault with a Deadly Weapon Reduced
  • Aggravated Robbery Deferred
  • Aggravated Sexual Assault of a Child Rejected
  • Assault Dismissed
  • Assault - Family Violence Dismissed
  • Burglary of a Habitation Reduced
  • Child Endangerment Reduced
  • Code Violation Dismissed
  • Criminal Mischief Dismissed
  • Criminal Mischief Dismissed


See What People in Your Shoes Are Saying
  • “I contacted Mr. Ambrosino about an issue we were having about two months ago. He was very responsive and always easy to communicate with. If ever I had a question during the process, he was quick to ...”

    - C. S.
  • “Rob was incredibly helpful with my case needs, and provided the exact outcome I was hoping for. He was professional and attentive throughout the entire process. Rob was very quick and timely with all ...”

    - A M.
  • “Wouldn't have had anyone else by my side. Amazing lawyer, my first experience having a lawyer and he made it worth it. Doesn't charge a lot and his work is accurate and promising! Thanks again.”

    - Cass T.
  • “Mr. Roberto Ambrosino is an amazing lawyer!!! I can not speak highly enough he is quick, efficient, and professional! I did everything online, through mail, and the phone. He kept in touch about every ...”

    - Kasia S.
  • “Mr. Ambrosino is Amazing he answered calls at any time I had a question! Very informative with me about my case, even though I was very doubtful he continued to brighten my spirits and with all his ...”

    - Amanda S.

Why Hire Our Firm?

Your Future Deserves to Be Defended
  • Thousands of Cases Handled
  • Easily Accessible
  • Free Case Evaluation
  • Honest Representation

Tell Me About Your Case

Reach Out Today for a Free Case Evaluation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.