I Signed an ANP So Why is the State Still Prosecuting the Case?

In Texas, a person who has accused someone else of committing a crime has the option of recanting their story by filing an Affidavit of Non-Prosecution. Also known as an ANP, these affidavits are a type of sworn statement wherein an accuser explains that he or she doesn’t wish to press charges against the defendant. Although ANPs don’t guarantee that a case will be dismissed, they could increase the chances of dismissal and at the very least, can help provide the state with a fuller account of events on the date of arrest.

What are ANPs?

ANPS are sworn affidavits given by an alleged victim or a complaining witness in a case. Basically, these statements serve to express a victim’s wish that the state not pursue a case any further. ANPs can be used by a defendant’s attorney when arguing for the dismissal of charges against a client. In fact, it is not uncommon for these affidavits to help sway a prosecutor into reducing or dismissing the charges outright. This is more likely to occur in cases where a victim’s testimony is especially important, or if it clarifies an inaccuracy or misrepresentation in a police report.

ANPs are Not Definitive

It’s important to note that just because a person files an ANP doesn’t mean that the state will automatically dismiss a case. This is because whether or not a case is pursued is solely up to the discretion of the prosecutor and not the alleged victim. While it is hoped that the latter will assist the prosecutor with his or her testimony and support, it is not necessary. Ultimately, it is the prosecutor who will make the final decision based on an independent evaluation of all of the evidence, including both the victim’s original statement and the ANP, on whether to pursue charges.

Authenticity of the ANP

Some prosecutors are wary of accepting ANPs at face value, especially in cases involving domestic violence, where there are concerns about a victim being coerced into rescinding an earlier testimony. These affidavits, however, are more likely to be effective if they are typed, signed, and notarized. The assistance of an attorney can also lend authenticity to these documents, ensuring a prosecutor that the document is not the result of coercion or a misunderstanding of the law.

The State Could Still Prosecute Your Case 

While ANPs can help convince a prosecutor to drop charges against a defendant, they are not a guarantee. If the state believes that it has enough corroborating evidence to support the charges, even without the cooperation of the witness or victim, or if there are concerns about coercion, it could still go through with pursuing a case. If the accuser in your own case filed an ANP and the state is still pursuing charges against you, you could benefit from the aid of an experienced attorney, who can walk you through your other options.

Speak With Our Legal Team Today

To learn more about the defense strategies that could help you avoid an unfair conviction, please call the experienced San Marcos and Hays County, Texas criminal defense attorneys at The Law Offices of David C. Hardaway today.

Source:

 tarrantcountytx.gov/content/dam/main/law-library/pdfs/updated-forms-2024/Affidavit_for_NonProsecution.pdf