Asked 10/1/2016 – Dallas, TX

My ex-boyfriend was trying to get my attention and since I wouldn’t come out or talk to him. He opened a window in my house and took my purse out so I would come out the house, I know he wasn’t there to steal but the officer asked if I wanted to press charges and I said yes because I thought it would be trespassing but he ended up being charged with burg of habitation. I want to remove the charges because I know he wasn’t there to steal, is it possible to remove those charges and what is the process?

Answer

The short answer is: No. You did not file or press the charges; the State of Texas did through the police and the District Attorney’s office. You called the police, who then responded, investigated, filed reports and then THEY decided to proceed with criminal charges. The officer at the scene was basically asking you, “Do you want us (the police) to handle this, or do you want us to forget about it?” You told the officer: “You guys take from here”. They have and you don’t get control back. You may file an affidavit of non-prosecution and let the State know of your desires, but how this matter proceeds will be up to the DA’s office at this point.