Right To Trial Denied

Summary

In Texas, defendants have the right to request a trial, but it can be denied under certain circumstances like overwhelming evidence of guilt or a plea agreement. If your attorney isnt meeting your expectations, you can consider replacing them, but the judge must approve this change. Prosecutors might reduce a felony to a misdemeanor for various reasons, often with the same plea bargain to expedite the process. Officers are generally prohibited from discussing ongoing investigations. If you dispute the contents of a safe found during a search, your attorney can challenge the evidence. Police generally need a warrant to search your home, and even small errors on a search warrant can potentially invalidate it. Legal fees can vary, and its essential to have a written agreement outlining all costs. If you feel your attorney is not representing you properly, consider seeking a second opinion or changing attorneys.

Full Conversation

Well I have been coming to court for 6 months and out on bond. So when I come to court my attorney tells me what the District Attorney offered but I ask for trial and they won't give it to me
Hello Jimmy, it seems like you're having issues with your right to a trial. Could you please provide the state you are in so I can give you more accurate information?
Texas
Hi Jimmy, in Texas, defendants have the right to request a trial. However, it can be denied under certain circumstances:
- Overwhelming evidence of guilt
- Plea agreement already accepted
- Case backlog
It's best to discuss this with your attorney or seek a second opinion.
I already discussed it with my attorney and she only resets my court date and doesn't get me trial
Hello Jimmy, it sounds like a frustrating situation. If your attorney isn't meeting your expectations, you can consider replacing them. In Texas, you have the right to change attorneys. However, the judge must approve this change.
Why will they drop a felony to misterminer and offer the same plea bargain
Hi Jimmy, in Texas, prosecutors might reduce a felony to a misdemeanor for various reasons such as:
- Lack of evidence
- First offense
- Minor nature of the crime
This often comes with the same plea bargain to expedite the legal process. Discuss this with your attorney for a clear understanding.
I already discussed with my attorney that's why I'm here pleading for your help
I understand your frustration, Jimmy. Is there a specific question or concern about the legal process that you'd like me to provide information on?
Well I have a question for different case
Sure, Jimmy. I'd be happy to provide information on a different case. Could you please tell me more about the situation or the legal issue involved?
Can a off duty officer go around to Thier friends and family and discuss an on going investigation of a house search warrant were drugs were found
In Texas, officers are generally prohibited from discussing ongoing investigations due to:
- Confidentiality rules
- Risk of jeopardizing the case
- Professional conduct guidelines
However, specifics may vary depending on department policies. It's advisable to consult a legal professional for guidance.
The police found a safe in home and on the inventory sheet they left inside the home said Thier was unknown contents inside but later charges me for drugs i didn't see or know
In Texas, charging someone for drugs found in their premises depends on several factors:
- Knowledge of the drugs
- Control over the area
- Link between you and the drugs
If you believe you're wrongly accused, it's crucial to have a legal professional represent your case.
Do they have to show me what was found in the safe or do they have to break the safe Infront of me so I know what was inside
In Texas, law enforcement doesn't have to open the safe in your presence. Later, you're entitled to an inventory of the seized items. If you dispute the contents, your attorney can request further proof in court.
Okay the inventory sheet stated unknown contents and later I was charged with possession of drugs
In Texas, if you are disputing the contents of the safe, your attorney can challenge the evidence. This could involve questioning:
- The inventory procedures
- The chain of custody
- The validity of the search warrant
Engage a competent attorney to represent your interests.
When I asked the police to show me the search warrant and gave them no consent to enter the home they didn't seem to have one to show they were repeatedly saying later they will show me
In Texas, police generally need a warrant to search your home unless certain exceptions apply. If they didn't show it at the time, they should provide a copy later. If there's no valid warrant, your attorney can challenge the search in court.
Everything on the search warrant was correct about the address but not the city
In Texas, even small errors on a search warrant, like a wrong city, can potentially invalidate it. Your attorney can:
- Challenge its validity
- Argue for suppression of seized evidence
Consult your lawyer for the best approach.
There was US currency listed on the inventory but what I had they put on there less
In Texas, if there's a discrepancy in the recorded inventory, like the amount of currency, it's essential to:
- Document the discrepancy
- Inform your attorney
- Present any proof of the original amount
These steps can help challenge the accuracy of the evidence.
I told them anything that was found in the home is mine no one in the residence has any knowledge of what I had inside and they still took everyone to jail
In Texas, if illegal substances are found in a shared residence, all occupants could potentially be charged unless:
- There's evidence indicating a specific person's possession
- An occupant admits to ownership
However, the specifics can vary. Consult your attorney for tailored advice.
So I asked my lawyer for a trial for past 5 months and she kept resetting my court dates so now she is telling me that what I paid her wasn't for a trial fee now she wants to charge me a trial fee
In Texas, legal fees vary and can include:
- Consultation fees
- Contingency fees
- Flat fees
- Hourly rates
- Referral fees
- Statutory fees
- Retainer fees
- Trial fees
Always ask for a written agreement outlining all potential costs. If you feel unfairly charged, consider contacting the Texas State Bar's Grievance Committee.
Why will my attorney want to all sudden want to be on the D.A. side and call out my wrongs and not try to help me
In Texas, attorneys have an ethical duty to act in their client's best interest. If you feel your attorney is not representing you properly, you may:
- Communicate your concerns
- Seek a second opinion
- Consider changing attorneys
Remember, it's crucial to have an attorney you trust and feel comfortable with.