Domestic assaults in Texas are handled very aggressively by state prosecutors. A common scenario is that the alleged victim, often a wife or girlfriend will desire to “drop” the charges against her boyfriend or husband, after tempers have cooled and the argument is over.
However, state prosecutors are unlikely to drop the charges even if the wife or girlfriend desires to do so. Often a defense attorney will procure a “non-prosecution affidavit” from the wife or girlfriend, which states that she desires to not prosecute the case or testify at trial and present it to the prosecutor. More often than not, the prosecutor will refuse to drop the case even though the alleged victim desires to drop the case and has said so in her “non-prosecution affidavit.” The prosecutor will threaten to subpoena the alleged victim to trial and continue with the prosecution.
Mark Di Carlo, as an experienced criminal defense attorney, will discuss such facts and other facts and possible scenarios with you. For example, a third domestic violence case is usually indicted as a felony. He can, for example, negotiate with prosecutors and offer to plead guilty upon your behalf if the case can be dropped from a felony to a misdemeanor.