Full question:
What is a non prosecution agreement? If one is signed by both parties in a family violence case, that the state picked up charges on, will it do any good?
- Category: Criminal
- Subcategory: NonProsecution Agreement
- Date:
- State: Texas
Answer:
A non-prosecution agreement, often referred to as an agreement not to prosecute, is a contract between the accused and the government. In some cases, this agreement allows the accused to avoid prosecution in exchange for providing truthful testimony about a crime, typically involving a co-defendant. However, the accused must fully disclose all relevant information; if their testimony is incomplete or dishonest, they may lose the benefits of the agreement.
In family violence cases where the state has initiated charges, a signed non-prosecution agreement may not be sufficient to stop the prosecution. Courts generally uphold these agreements if they are made with the consent of the court and the prosecuting officer. However, enforcement can vary, and sometimes courts may refuse to uphold such agreements. The witness must adhere strictly to the terms of the agreement to receive the promised immunity.
When evaluating the validity of non-prosecution agreements or plea deals, courts typically apply contract law principles.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.