Understanding the Concept of Pressing Charges

When a victim presses charges, it means that they are formally accusing the perpetrator of a crime. This can be done by filing a complaint with law enforcement, which then leads to an investigation and potentially, criminal charges being brought against the accused.

What does it mean when someone says they are pressing charges?

So contrary to a popular misconception, it is not the victim who decides whether criminal charges will be pressed or not. According to the US Department of Justice, in most casesinitiating criminal prosecution falls under jurisdiction of a state. This duty lies with the District Attorney or prosecutor’s office in Texas. They review the evidence, analyse legal standards and determine if they charge with alleged perpetrator.


The victim’s desires may impact the prosecutor and have some weight but can still not determine their final decision. This distinction is a very important one because it ensures that there are legal criteria and public interest when deciding to prosecute, rather than personal vendettas or fear of retribution. The Office for Victims of Crime is a division within the U.S Department of Justice that gives crime victims support and resources while ensuring them an influence on the criminal justice process, albeit only with limits in prosecuting decisions.

What Happens When Someone Presses Charges Against You?

If charges have been filed against you, it means that the person has formally lodged a complaint and therefore law enforcement is now involved. This can also land you in jail if the prosecutor decides to file criminal charges based on evidence.


The evidence is collected and reviewed by law enforcers before the prosecutor (known as a District Attorney) decides if criminal proceedings should be initiated. In case of the inadequate evidence, these charges may be dismissed. But if the prosecutor is convinced that there is enough evidence to warrant a conviction, he or she would proceed with the trial.

What needs to be pointed out here is that the moment your charges are pressed, it becomes a legal issue. You can be detained by police officers and arrested. Then you will proceed through the legal process of being charged, arraigned and potentially tried if a plea deal cannot be negotiated. It is a long and daunting process that should be handled with the help of an attorney who would guide you through the whole process.
It is also important to stress that being charged with a crime does not necessarily mean you will be convicted. The burden is on the prosecution to demonstrate that you allegedly committed a crime beyond all reasonable doubt.

The Process of Pressing Charges in Texas

When someone wants to press charges, it usually means they want to see the alleged perpetrator face consequences for their actions or the alleged crime through the criminal justice system. In Texas, this process typically is:

1. Reporting the Crime:
Reporting the crime to law enforcers is the first step in this process. This is where the victim acts most directly. Through reporting, they offer the police with information that will enable them to investigate and create a police report.

2. Investigation:
Law enforcers carry out an investigation , develop evidence and sometimes lead to arrest. The evidence is then submitted to the prosecutor’s office.

3. Prosecutor's Evaluation:
The Texas District & County Attorneys Association outlines how the prosecutors assess the evidence and weigh several factors such as criminal history of the alleged offender, gravity of offense, strength of evidence, chance for a successful conviction. If not accepted, dismised.

4. Arrest:
If the prosecutor determines there is enough evidence to file charges, an arrest warrant will be issued and the accused will be taken into custody.

5. Charging:
The district attorney's office files a formal accusation against the accused in court through a charging document called "indictment" or "information."

6. Arraignment:
The accused is brought before a judge and is informed of their charges. They are then given the opportunity to enter a plea.

7. Pretrial Proceedings:
After arraignment, pretrial proceedings take place where both sides gather evidence, exchange information and participate in hearings. This stage can also include plea bargaining.

8. Trial:
If the case goes to trial, both sides present their arguments and evidence to a judge or jury. The defendant is presumed innocent until proven guilty.

9. Pressing:
the accused is found guilty, they will then be sentenced according to the laws and guidelines set forth by the state. This can include fines, community service, jail time, or other consequences deemed appropriate by the court.

10. Appeals:
If the accused is found guilty and believes there was an error in their trial, they may choose to appeal the decision to a higher court for review.

What Does It Mean When a Charge Is Dropped?

When a charge is dropped, it means that the prosecution has decided to dismiss or not pursue the case against the accused. This can occur at any stage of the criminal justice process, from investigation to trial.

There are a few reasons why charges may be dropped:

1. No probable cause: If there is not enough evidence to support the charges or if the evidence was obtained illegally, the prosecution may drop the charges.
   
2. Plea bargain: In some cases, the prosecution may offer a plea deal to the accused where they agree to drop some or all of the charges in exchange for a guilty plea.
   
3. Lack of evidence: If the prosecution cannot gather enough evidence to prove guilt beyond a reasonable doubt, they may drop the charges.
   
4. Witness issues: If key witnesses are unavailable or refuse to testify, the prosecution may have to drop the charges due to lack of evidence.

It's important to note that dropped charges do not necessarily mean the accused is innocent, just that there is not enough evidence to move forward with the case. However, dropped charges can still have an impact on an individual's record and reputation..

The Importance of Legal Representation

It is important to have legal counsel so that your rights are secure throughout the process. For individuals in Texas, understanding the true meaning of pressing charges is the first step in navigating the legal aftermath of a crime.

If you are facing charges, it is important to have a skilled criminal defense attorney on your side who can help you understand your rights and options. A good defense lawyer will be able to analyze the evidence against you and determine if there are any weaknesses in the prosecution's case.


The Law Office of Rolando Cantu is n experienced criminal defense attorney who have successfully defended clients facing a wide range of charges, including those that were dropped due to lack of evidence or other circumstances. With their knowledge and expertise, they can help guide you through the legal process and fight for your rights.