Can Charges Be Dropped Before Court in Bexar County?

Pre-Charge Intervention in Bexar County

Before charges are formally filed by the Bexar County District Attorney’s office, attorney intervention can sometimes influence the charging decision. For misdemeanor cases, the DA’s office decides whether and at what level to charge based on the SAPD report and evidence. 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. This pre-charge intervention is most effective in the days immediately following arrest.

After Charges Are Filed at Cadena-Reeves

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 statements made by the defendant — the Bexar County DA’s office typically dismisses cases where critical evidence has been suppressed rather than proceed to trial with a compromised case.

Evidentiary problems. When a review of the prosecution’s file reveals problems — SAPD officer certification lapses, Intoxilyzer 9000 maintenance gaps, Bexar County Crime Lab chain of custody issues — the DA’s office may agree to dismiss before the case reaches a hearing. We document and present these arguments formally.

Prosecution agreement. In cases where the evidence supports it, the Bexar County DA’s office may agree to dismiss as part of a formal resolution.

Diversion Programs in Bexar County

Bexar 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 of representation.

What Happens After Dismissal

A dismissed charge does not automatically leave your record. The arrest remains visible until a Bexar County District Court issues a formal expunction order under Chapter 55. We evaluate expungement eligibility on every dismissed case. Learn more on our San Antonio expungement page.