Collin County DA Frequently Asked Questions page

To whom should I report a crime?

In most cases you should report the crime to your local law enforcement agency. If you live in a city or town, that report would be made to your police department. If the crime is committed outside a city or town, or in an area of the county where the Sheriff's Office patrols, your report should be made to the Collin County Sheriff's Office. Of course, if your report is an emergency, call 911.

Can I report a crime to the DA's Office?

If the crime is a complex fraud, concerns violations of the law by public officials, officers, or employees, or arises from a commercial relationship, you can contact the Special Crimes Division - Criminal Section of the DA's Office. Any crime should always be reported to your local law enforcement agency.

Who do I call about hot checks?

Contact the DA's Hot Check Division.

I am the complainant (victim) in a criminal case, but now I want to drop the charges. How do I do that?

The decision to dismiss a pending criminal case can be made only by a prosecutor. If the prosecutor decides to file a motion to dismiss a case, the dismissal must be approved by a judge. Prosecutors make independent professional judgments, within the bounds of the operating policies of the DA's Office, as to whether a case merits prosecution. The victim's wishes do not dictate that decision, although they are a factor to consider. You should contact the prosecutor to whom your case has been assigned if you want to discuss your matter.

If I can't drop the charges, then I just won't testify.

A subpoena will be issued directing you to appear in court on a specific day and time for the purpose of testifying. If you refuse to appear after the subpoena is delivered to you, the prosecutor will ask that a warrant (called "an attachment") be issued for your arrest and confinement in jail until you testify in your case, whenever that may be. Further, willful failure to obey a lawful order of a court, such as a subpoena, is an act of contempt for which you may be punished by the court. After all of that, you will still have to testify.

When you testify, you must testify truthfully. Giving false testimony as to important facts while under oath in an official proceeding (such as a trial) is a very serious felony offense.

When a law enforcement agency files my case with the DA's Office, what happens next?

The case is reviewed by an experienced felony prosecutor assigned to the Intake/Grand Jury Division. If that prosecutor determines the case should be accepted for prosecution, the case will be filed in a county court at law, if it is a misdemeanor case, or sent to the Grand Jury Division if it is a felony. The prosecutor may reject the case or send it back to the filing agency for more information.

When the Grand Jury Division receives the case, the prosecutor in charge of that division will determine when to schedule the case for consideration by the grand jury. The grand jury will either return an indictment or no-bill the case. You may be required to testify before the grand jury. If the case is indicted, the indictment is filed with the appropriate district court.

Once a case is filed in any court, it is assigned to a prosecutor who is then responsible for disposing of the case by trial or plea of guilty by the defendant. In rare cases, and for various reasons, a case may be dismissed by the court on the prosecutor's motion.

What about me as a victim? How do I fit into the prosecution of a criminal case?

Once a case has been assigned to a prosecutor, you will be contacted and so informed. From then on, you will be advised as to the progress of your case, and you will be asked about your wishes regarding the matter. Bear in mind, however, that there are many other factors for the prosecutor to consider, and that the prosecutor will make the ultimate decision about how the case is to proceed. You will be required to testify at any trial, and your testimony may be needed at a pretrial hearing. The prosecutor or his investigator will advise you of all that may be required of you. Any time you have any questions, ask the prosecutor, his investigator or the victim assistance coordinator assigned to your case.

You can also contact the Victim/Witness Assistance Division for more information and to check your eligibility for crime victim compensation benefits and other services offered by the DA or by Collin County.

What is a plea bargain and how does the process work?

Plea bargaining can be a complex procedure, but in general it occurs when the State and the defendant, through their respective attorneys, agree that the defendant will plead guilty to one or more pending criminal cases in return for a specific sentence, subject to approval by the court.

A prosecutor assigned to a criminal case will evaluate the facts and circumstances of the case and make a determination of what punishment (sentence) to offer to the defendant in return for his plea of guilty to the charge in the case. This recommended punishment is based on the prosecutor's view of the case and its facts and his or her experience in trial with similar cases having similar facts. The defendant's attorney will make a similar assessment and either advise his client to accept or not. If the defendant does not accept the offer, the case is set for trial. If the defendant accepts the punishment recommendation in return for his plea of guilty, a written plea bargain agreement is signed by the attorneys and the defendant, the defendant pleads guilty, the court accepts the plea and assesses punishment in accordance with the plea bargain agreement.

The court, however, may not accept the plea or the plea bargain agreement, in which case the attorneys and the defendant may reopen negotiations or the case is tried before the court or before a jury.

How often are criminal cases disposed of through plea bargain agreements?

Very often. At least 90-plus percent of all criminal cases are disposed of by plea bargain agreements. There are many reasons why the process is necessary. If you are concerned about a plea bargain agreement in your case where you are the victim, contact the assigned prosecutor to discuss your concerns. The Collin County DA's Office takes victims' interests very seriously. We will make every effort to satisfy your concerns and to keep you informed throughout the prosecution process. If you are a victim of a violent crime involving assault or injury, we will consult with you before making any plea bargain agreement.

What is the difference between a felony and a misdemeanor?

A felony is any offense for which the punishment range established by law includes death, confinement in the Texas Department of Criminal Justice, Correctional, Institutions Division, or confinement in a state jail facility. A misdemeanor is any offense punishable by a fine only or by confinement in a county jail, whether a fine is imposed or not.