Will My Misdemeanor Charges Get Dismissed in San Antonio?

If you’ve just been arrested or charged with a Misdemeanors offense in Bexar County, the question on your mind is probably the most direct one there is: will this actually get dismissed? It’s worth getting an honest answer rather than a comforting but vague one — and the honest answer starts with understanding how the Bexar County District Attorney’s Office actually evaluates cases like yours.

There Isn’t One Answer — Because There Isn’t One DA’s Office Policy

Here’s something worth understanding clearly before anything else: the Bexar County District Attorney’s Office isn’t a single, uniform decision-maker. It’s organized into specialized prosecution units — a Family Violence Unit, a DWI/Vehicular Crimes Unit, a Felony Trial Division, a Narcotics Unit, and a Major Crimes Division among them — and each unit applies its own case evaluation standards and prosecution posture. What produces a dismissal in one unit doesn’t necessarily produce one in another. That means the honest answer to “will my case be dismissed” depends heavily on which specific charge you’re facing and which unit is actually handling it, not a single countywide percentage that applies equally to every misdemeanor.

What is genuinely true, and worth knowing: dismissals happen in real, substantial volume in Bexar County. A single quarterly Bexar County Judicial Management Report showed over 6,000 criminal cases dismissed in just three months — up from roughly 4,000 the quarter before. Dismissals are common, but common in aggregate doesn’t tell you the odds for your specific charge, which is exactly why a real evaluation of your case’s specific evidence matters more than any general statistic.

Why Cases Actually Get Dismissed

Dismissals generally come from a handful of real causes, and understanding which one might apply to your situation is more useful than any general percentage:

• The state can’t prove an essential element of the charge, often because of a missing or uncooperative witness
• A legal challenge succeeds — for example, a motion to suppress evidence obtained through an unlawful stop or search, which our companion guide on defending DWI charges covers in more depth, though the same underlying framework (reasonable suspicion, probable cause, Texas’s exclusionary rule under Article 38.23) applies to misdemeanors generally, not just DWI
• The underlying statute or its application is successfully challenged as unconstitutional in the specific circumstances of your case
• Successful completion of a diversion program, covered below, results in dismissal as the program’s built-in outcome

It’s worth knowing one honest caveat here too: a dismissal isn’t always the permanent end of a case. Depending on how and why it was dismissed, some cases can be refiled later if circumstances change — this is worth understanding clearly with your attorney rather than assuming “dismissed” always means “closed forever.”

Bexar County’s Pretrial Diversion Program

For many first-time misdemeanor offenders, Bexar County’s Misdemeanor Pre-Trial Diversion Program (PTD) is the most direct path toward an actual dismissal. Rather than proceeding through a traditional prosecution, an eligible defendant can complete a period of supervision and specific conditions, with dismissal as the outcome upon successful completion.

Eligibility has real, specific requirements: you generally need to be a true first offender, a U.S. citizen or legal resident, and you must apply within 90 days of your arrest. It’s worth being direct about something the DA’s own program guidelines state plainly: there is no right to participate in PTD. The decision is entirely within the Bexar County Criminal District Attorney’s Office’s discretion, and there’s no appeal if your application is rejected. This is a real, valuable opportunity — but it’s not an automatic entitlement, and it shouldn’t be treated as a guaranteed outcome.

It’s also important to know that not every misdemeanor charge qualifies. Certain offense categories are specifically excluded from the general PTD program, including DWI, sexual offenses, and offenses involving family violence, among others. If your charge falls into one of these excluded categories, PTD isn’t available to you, and your path forward looks different — this is exactly the kind of thing worth confirming directly with your criminal defense attorney San Antonio early in your case, rather than assuming diversion is available across the board.

What This Means for Your Bexar County Case

Getting a real, honest sense of whether dismissal, diversion, or a contested defense is the right path for your specific case requires an early, thorough look at the actual evidence against you and which specific unit and prosecutor are handling your case — not a general statistic. The sooner that evaluation happens after your arrest, the more options remain genuinely open, including the 90-day PTD application window if that program applies to your charge.

Frequently Asked Questions

Q: What percentage of misdemeanor cases get dismissed in Bexar County?
A: There isn’t one reliable, single answer — the Bexar County DA’s Office is organized into specialized units that each apply their own standards, so outcomes vary considerably by charge type. What is clear is that dismissals happen in substantial volume countywide.

Q: How do I get my misdemeanor charge dismissed?
A: Common paths include the state being unable to prove its case, a successful legal challenge to how evidence was obtained, and completing a pretrial diversion program if your charge is eligible. Which path applies depends entirely on the specifics of your case.

Q: Am I eligible for Bexar County’s Pretrial Diversion Program?
A: Possibly, if this is genuinely your first offense, you’re a U.S. citizen or legal resident, and you apply within 90 days of your arrest. Certain offenses, including DWI, sexual offenses, and family violence offenses, are excluded from the general program.

Q: Is pretrial diversion a guaranteed way to get my case dismissed?
A: No. There is no right to participate in the program — acceptance is entirely at the DA’s office’s discretion, with no appeal if you’re rejected. It’s a real and valuable option where available, but not an automatic outcome.

Q: If my case is dismissed, is it gone forever?
A: Not always. Depending on the circumstances of the dismissal, some cases can be refiled later. Ask your attorney specifically what your dismissal means for your situation.

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Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000

Division: Criminal Defense San Antonio
Practice Area: Misdemeanors