Return to Dismissal FAQS Author Tom Wolfe famously quoted a New York judge as saying that a good prosecutor can persuade a grand jury to “indict a ham sandwich.” While this may be true, I have had great success in getting baseless felony charges thrown out at the grand jury level.
Generally speaking, prosecutors don’t want to waste their time prosecuting bogus cases, so when I can provide them with clear and compelling evidence that shows a very weak or baseless case, they often choose to dismiss the case or ask the Grand Jury to no-bill it before formal charges are filed.
Return to Dismissal FAQS is not the same as Deferred Adjudication.
Texas law does not define Deferred Prosecution because it is simply the local name of one type of dismissal agreement between the defendant and the prosecution that is commonly used to resolve domestic violence cases in the county courts of Travis County, Texas.
I can’t make promises about results in future cases, but I can say that the way I practice law has historically produced outstanding results for my clients.
I actually begin trial preparation and independent investigation while a case is still in the pretrial negotiation phase, because this maximizes the chances for a dismissal and ensures that my team is ready if a trial is necessary.
Other counties usually have their own conditional dismissal agreements which may have different names.
With most other attorneys, the defendant has to make the decision of whether to accept or reject the state’s offer based on incomplete evidence.
The information I gather during pretrial investigation often means that I know more about the case than the prosecutor.
My clients understand that doing a proper investigation costs money and they also understand why it is important to learn as much about the case as possible while pretrial negotiations are pending.
For domestic assault cases in Travis County, a Deferred Prosecution agreement is the most common type of dismissal during the pretrial negotiation phase of the case.
If only a straight dismissal is acceptable then you should being trial preparations ASAP.