Being accused of and charged with a crime can be frightening. The criminal justice system often seems to be built against the defendant even though they are innocent until proven guilty. A conviction for a crime not committed could lead to severe penalties. It may be felt that unfounded allegations should be addressed. It may be hoped that statements will be recanted by the alleged victim or witnesses. This could lead to the charges being dropped.
You might try talking to the victim or witness to make them see your side of the story and show how the events were misconstrued. But doing this may not only have little effect on how your case proceeds but may also result in additional criminal charges.
The State Decides Whether or Not to Pursue a Case
It is believed by many that a report made by the alleged victim or witness can be retracted. If the story is taken back, the criminal charges may be dropped. However, this is not the case.
In any criminal matter, a prosecuting attorney working on behalf of the state of Texas will handle the case. After a report is made by a victim or witness, it is forwarded to the prosecutor. They review the information and decide whether enough evidence exists to charge the alleged offender.
Thus, because it is the state that actually pursues the matter, only the state can drop the charges. If you try talking a witness out of reporting an alleged offense or testifying at trial, it won’t stop the state from prosecuting you. The prosecutor’s case might be weakened if the alleged victim or witness recants, but they will consider the totality of the evidence before deciding how to proceed.
Facing Retaliation Charges
Attempting to talk to a witness to prevent them from reporting or testifying may lead to charges of retaliation. Texas Penal Code 36.06 states that anyone who engages or attempts to engage in such conduct may be charged with a third-degree felony, which is punishable by between 2 and 10 years’ imprisonment. It may also result in a fine of up to $10,000.
In some cases, such as when the person retaliated against was a juror, the charge elevates to a second-degree felony. The conviction penalties for this offense include up to 20 years in prison and/or a fine of up to $10,000.
Under the retaliation statute, a crime is established if it is shown that harm or threats to harm the witness were intentionally made. Legal options for proceeding can be discussed. Efforts can be made to achieve a favorable outcome, such as reducing or dropping charges. This may help minimize potential penalties from a conviction.
Speak with a Lawyer About Your Case
Rather than attempting to take your criminal matter into your own hands to try to prevent your case from moving forward, consult with a defense attorney. They can discuss legal options for how to proceed and can work hard for a favorable outcome, such as getting charges reduced or dropped, thereby minimizing potential conviction penalties.
Charged with a crime in San Antonio? Contact LaHood Norton Law Group at (210) 797-7700 to get over 70 years of combined experience on your side.