“I called them and told them I wanted to drop the charges, but they are still pending, why?”
I have heard a variation of that question many, many times. And it is a perfectly reasonable question. Many people think that with a phone call from the complaining witness / victim to the police, a judge, or the prosecutor’s office, a case can get dismissed. It’s logical to assume that if a victim was the person who called the police in the first place to get the ball rolling on criminal charges being filed against a defendant, that same person can call or do something to make those same charges get dropped. Logical, yes…but totally wrong.
Why is that?
The answer is that in Texas, the State owns the case from the minute the police arrive all the way until the final disposition of the case. That means first the responding police officers, and later the local prosecuting attorneys, have complete discretion on whether or not a case gets filed, and whether or not a case goes forward to prosecution. Although the victim in a case can ask to have charges dropped, they have zero control over the case. Fair or not, the prosecutor’s office has the final call.
If a victim tries to call in or correspond with the prosecutor’s office in an effort to get a case dropped, it is not unusual for that office to refer the person to a Victim’s Advocate Coordinator (or VAC). Via a phone call, email or face-to-face meeting, the VAC will typically talk to the victim and make sure they are not being pressured or threatened by anyone into asking to have charges dropped. It is important to consider that these VAC don’t work for the victim or the defendant, they are employees of the prosecutor’s office, with all that entails. It has been my experience that while some VACs are diligent about making sure the victim’s wishes are recorded in case file, others frankly are obstructionist and actively seek to dissuade the victim from requesting to have the case dropped. In any event, the VAC will likely tell the the victim to fill out an official form requesting a case be dismissed, such as an Affidavit of Non-Prosecution, rather than requesting it over the phone or in an informal letter. But again, fancy or formal, the victim’s request to have a case dismissed carries no official weight.
This is not to say that the victim’s request to drop charges is meaningless.
The accused’s defense attorney would love to know that a victim is feeling this way. And an experienced prosecutor, too, should find this information useful as they are weighing and prioritizing court resources.
There is a hidden benefit to defendants when the State has total ownership over a case. Just like a victim cannot force the State to drop charges, they cannot force the State to file charges in the first place, or force the State to work a case out in a particular way. A victim cannot, for example, force the police to file charge X instead of charge Y or make the State’s attorney only offer prison time in a case and not offer probation.
For good or for bad, once a criminal case gets filed in Texas, the State has complete ownership of the case unless and until the matter is finally put to trial before a judge or jury.