▶ Watch: Police Make the Arrest, But Prosecutors Decide the Charges
One of the most misunderstood parts of the criminal justice system is who actually decides your charges. The police make the arrest and write the report, but they do not have the final say. That decision belongs to the prosecutor.
After an arrest, the case is referred to the District Attorney's Office. A prosecutor reviews the offense report and decides whether to formally accept the charge, reduce it, add to it, or reject it entirely. Bond conditions, whether a case goes to a grand jury, and what plea offers get extended all flow from that office — not from the arresting officer.
That is exactly why having a former prosecutor on your side matters. Brian Foley spent years making these charging decisions as a Felony Chief Prosecutor in Montgomery and Harris County. He knows what prosecutors look for, what makes them reconsider a charge, and how to present your side before a case hardens. Getting an attorney involved early — while charging decisions are still being made — is often the difference between a dismissal, a reduction, and a conviction.
Free, confidential consultation — call or text (936) 596-0407.