Tarrant Texas Affidavit by Victim for Dismissal

State:
Multi-State
County:
Tarrant
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

The Tarrant Texas Affidavit by Victim for Dismissal is a legal document used in the state of Texas, specifically in Tarrant County, that allows victims of certain crimes to request the dismissal of charges against the accused. This affidavit serves as a statement from the victim, outlining their desire to have the charges dropped and their reasons behind that decision. Victims who wish to utilize this affidavit must meet specific criteria, and it is essential to understand the different types of Tarrant Texas Affidavit by Victim for Dismissal that exist. Here are some common types: 1. Domestic Violence Affidavit by Victim for Dismissal: This type of affidavit is utilized in domestic violence cases where the victim decides to withdraw the charges against their alleged abuser. The victim must provide compelling reasons for seeking dismissal, such as reconciliation, testimonies of changed behavior, or a desire to move forward without legal involvement. 2. Theft and Property Crimes Affidavit by Victim for Dismissal: Victims who have been affected by theft or property crimes, such as burglary or robbery, can use this affidavit to request the dismissal of charges against the accused. They may provide explanations such as restitution received, personal forgiveness, or a lack of evidence to support the case. 3. Assault and Battery Affidavit by Victim for Dismissal: This specific affidavit is applicable in cases involving assault or battery charges. Victims who feel that dropping charges is in their best interest, either due to the personal relationship with the accused, evidence discrepancies, or a desire for the legal process to conclude, can utilize this affidavit. 4. Non-Violent Crimes Affidavit by Victim for Dismissal: This category encompasses a range of non-violent crimes, such as drug possession, shoplifting, or minor offenses. Victims may choose to dismiss charges if they believe the accused has learned from their mistake, if the incident was a one-time occurrence, or if they feel the legal consequences are disproportionate. When filing a Tarrant Texas Affidavit by Victim for Dismissal, it is crucial to consult with an attorney or legal professional to ensure compliance with the specific requirements. The affidavit should be completed accurately and provide clear justifications for the dismissal request, as it will be reviewed by relevant legal authorities.

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FAQ

Can assault charges be dropped by the State? Yes. But the prosecutor doesn't dismiss assault cases just because the Victim asks. Prosecutors will even go forward with the assault case without the victim's cooperation.

Police investigate reported assaults and the local prosecutor decides whether to bring criminal charges. For this reason, the only person who can drop criminal assault charges is the prosecutor. Not even the victim can get the charges dropped.

Can assault charges be dropped by the State? Yes. But the prosecutor doesn't dismiss assault cases just because the Victim asks. Prosecutors will even go forward with the assault case without the victim's cooperation.

Pressing charges against someone means prosecuting a criminal case against a suspect of a crime. This is done by a prosecutor, not the victim of the crime.

How to File an Affidavit of Non-Prosecution in Texas. There is no set form or format of an affidavit of non-prosecution in Texas. A prosecutor's office may have a generic form that only expresses a victim's desire that a case should be dismissed or his or her intention not to testify against the accused party at trial.

Definition of press charges : to take legal action against someone : to officially accuse someone of a crime He was caught shoplifting, but the store owner didn't press charges.

A: The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone do not dictate whether or not a case will be filed, tried or dismissed. If you would like to discuss your case, you should speak with the prosecutor.

Once those criminal charges are filed, the accused may be arrested and will have to either arrange a plea bargain with the prosecutor or will have to stand trial for the crime and potentially face jail time or other penalties. When charges are pressed, the accused person may have to go to trial.

Penalties for Misdemeanor Assaultive Offenses in Texas Class B misdemeanors carry a penalty of up to 180 days in county jail and a $2,000 fine. Instances of domestic assault or causing injury or pain are often considered Class A misdemeanors, which are punishable by up to one year in county jail and a $4,000 fine.

In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison.

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Result: State agrees to dismiss the charge. If you want to ask the prosecutor to do so, you fill out an "affidavit of non-prosecution," or "ANP" for short.What happens if the victim doesn't show up at the trial for charges of assault with bodily injury in Texas? There are any number of occasions when you as a crime victim or victim advocate may want to write a letter to the judge in the criminal court case. Can victims drop the charges in criminal cases? This form is used as proof to the court that a custodial or noncustodial parent is in the military. Will your here get dismissed if the alleged victim doesn't show up. Commitment to completing a prescribed program. •. Consent of victim for offender participation.

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Tarrant Texas Affidavit by Victim for Dismissal