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Withdrawal and Dismissal of Charges in Texas

Facing criminal charges in Texas is stressful, but being charged with a crime doesn’t always mean you’ll be convicted. In fact, many criminal cases are dropped before they ever reach trial. Prosecutors and judges have the authority to order a withdrawal of charges or a dismissal of charges under certain circumstances. But understanding how and why this happens is crucial if you’re facing legal trouble.

This article explains the key differences between withdrawal of charges and dismissal of charges in Texas, the legal grounds for each, and how you can increase the chances of having your criminal case dropped.

What Is the Difference Between Withdrawal and Dismissal?

Though the terms “withdrawal” and “dismissal” are often used interchangeably, they have distinct legal meanings:

Withdrawal of Charges

A withdrawal of charges happens when charges are dropped before they are officially filed in court. Prosecutors or police might withdraw charges if they realize the case is weak or unlikely to succeed due to insufficient evidence. This usually happens early on, like during an investigation or soon after an arrest.

If charges are withdrawn, the case ends for now—but it’s not always permanent. If new or sufficient evidence comes up later, the charges could be filed again.

Dismissal of Charges

A dismissal of charges happens after charges have been officially filed in court. It means the case is dropped, and the defendant is no longer being prosecuted.

There are two types of dismissals:

Dismissed with Prejudice – The charges are permanently dropped and can’t be brought back.
Dismissed without Prejudice – The charges are dropped for now, but the prosecutor can file them again later if allowed under the statute of limitations.

A case is often dismissed when the defense argues that the prosecution lacks sufficient evidence or when the prosecution realizes the case is too weak to win.

Legal Grounds for Withdrawal or Dismissal of Criminal Charges in Texas

Texas law allows for charges to be withdrawn or dismissed under a variety of circumstances. Some of the most common legal grounds include:

Insufficient Evidence

The prosecution must have enough evidence to prove the charges beyond a reasonable doubt. If the evidence is weak or unreliable, the prosecution may choose to withdraw the charges or the court may dismiss them later.

Examples of insufficient evidence include:

Lack of physical evidence
Conflicting witness testimony
No credible forensic evidence
Witnesses refuse to testify or change their stories

Violation of Constitutional Rights

If law enforcement violated your constitutional rights during the investigation or arrest, your defense attorney can challenge the validity of the charges. Common constitutional violations include:

Illegal Search and Seizure – If evidence was obtained without a proper search warrant or probable cause, it may be thrown out under the Fourth Amendment.
Failure to Read Miranda Rights – If police didn’t inform you of your right to remain silent and have legal counsel, any statements you made may be thrown out.
Denial of Right to Counsel – If you were questioned without access to an attorney, the court may dismiss the case.

Lack of Probable Cause

Under the Fourth Amendment, law enforcement must have probable cause to arrest you. If the arresting officer lacked sufficient evidence or reasonable suspicion, the charges may be dropped.

Procedural Errors

If the police or prosecutors make serious mistakes in handling the case, it can lead to the charges being dropped. Common mistakes include:

Filing charges in the wrong court
Not showing evidence to a grand jury in felony cases
Mishandling evidence (like losing it or not keeping track of it properly)
Missing important legal deadlines

Witness Problems

Prosecutors need witnesses to support their case. If important witnesses refuse to speak, change their story, or can’t be found, the case might fall apart.

Diversion Programs or Plea Agreements

Sometimes, prosecutors will drop charges if the defendant agrees to a deal or finishes a diversion program. First-time offenders are more likely to qualify. Charges are usually dropped after the defendant completes things like counseling, community service, or other requirements.

Statute of Limitations

If the statute of limitations expires before charges are filed, the case is legally barred from proceeding.

Misdemeanors – Typically a 2-year statute of limitations in Texas.
Felonies – Most felonies have a 3- to 5-year statute of limitations, but more serious crimes (like murder) have no time limit.

Impact of Withdrawal or Dismissal on Your Record

Even if charges are withdrawn or dismissed, the record of your arrest and charges can still appear on your criminal record unless you take action to clear it.

1. Expungement

Under Texas Code of Criminal Procedure Article 55.01, you may qualify for expungement if:

The charges were dismissed without a conviction.
You were found not guilty at trial.
The statute of limitations expired without charges being refiled.

2. Order of Nondisclosure

If you don’t qualify for expungement, you may still be eligible for an order of nondisclosure, which seals your criminal record from public access.

Law enforcement and certain government agencies may still access sealed records.
Nondisclosure is often available after completing a diversion program or deferred adjudication.

How to Improve Your Chances of Getting Charges Dropped?

Hire a Good Lawyer – A skilled lawyer can spot weak evidence, catch mistakes, and work with prosecutors to get charges dropped.

Question the Evidence – If the evidence was collected illegally or isn’t reliable, the case could fall apart.

Ask for a Diversion Program – If you qualify and complete a diversion program, the charges might be dropped.

File Legal Requests – Your lawyer can ask the court to throw out bad evidence or dismiss the case altogether.

Prosecutors drop cases all the time when the evidence isn’t strong enough or mistakes are made. Understanding how withdrawals and dismissals work and having the right legal strategy can make a huge difference in how your case turns out.

Arrested? Don’t Plea, Call Me!

If you’re facing criminal charges, you don’t have to figure it out alone. The Texas Criminal Defense Group knows how to spot weaknesses in the prosecution’s case and fight to get your charges dropped. Contact us today for a consultation, and let us help you take control of your situation.

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