Can Charges Be Dropped Before Court?

Pre-Charge Intervention in Travis County

Before charges are formally filed by the Travis County Attorney’s Office or DA José Garza’s office, attorney intervention can sometimes influence the charging decision. For misdemeanor cases, the Travis County Attorney decides whether and at what level to charge based on the police report and evidence presented by APD or TCSO. A retained defense attorney can contact the filing prosecutor, present evidence of weaknesses in the state’s case, and in some circumstances prevent charges from being filed at all — or have them filed at a lower level.

After Charges Are Filed

Once charges are filed, cases can still be dismissed at multiple stages:

Suppression motion. If the court grants a motion to suppress key evidence — the breath test result, the SFST observations, or the statements made by the defendant — the prosecution may not have sufficient evidence to proceed. The Travis County Attorney typically dismisses cases where critical evidence has been suppressed rather than proceed to a likely acquittal at trial.

Evidentiary problems. When the prosecution’s review of its own file reveals problems — officer certification lapses, Intoxilyzer maintenance gaps, blood draw chain of custody issues — the office may agree to dismiss before the case reaches a hearing. We document and present these arguments formally to the County Attorney or DA’s office.

Prosecution agreement. In cases where the evidence supports it, the prosecution may agree to dismiss as part of a formal resolution.

Deferred Prosecution and Diversion

Travis County offers pre-trial diversion programs for some first-time offenders on certain charges. Successful completion results in dismissal. These programs are not available for DWI under Texas law. For other first-offense charges, we evaluate every available diversion option at the outset. Learn more on our Austin criminal defense page.

What Happens After Dismissal

A dismissed charge does not automatically disappear from your record. The arrest remains visible on background checks until a Texas court issues a formal expunction order under Chapter 55. We evaluate expungement eligibility on every dismissed case. Learn more on our expungement page.