Q: Is the county attorney supposed to give advice to and discuss pleas with plaintiff without hearing defendant?
My ex had me charged with harassment in Parker CO. tx this year and I haven't had a voice in court but for months he's been talking to the county attorney who advised him to take away my only transportation to work because it's in both our names and then told him she's made up her mind about me when I've never seen or spoken to her. I'm at risk of being fired because he took my car. It's been my car for nearly two years but she said for him to take it from me and he did. Is this legal?
A:
Yes, it is legal. The county prosecutor is not a neutral arbitrator. She is a state employee and her job is to protect the "peace and dignity of the State of Texas" against criminals. She believes YOU are a criminal. The person on your side in all this is your criminal defense attorney... not the prosecutor.
There is no plaintiff in a criminal case. The case is between The State of Texas and YOU. This is not your ex's case. He is not a party to the case. He is allegedly the victim of a crime so he is an important WITNESS for the prosecution.
The testimony of the alleged victim is often the most important evidence in a criminal case. It is only natural that the prosecutor would want to consult him. If your criminal defense attorney is on the ball then she probably also wants to talk to the alleged victim. If you don't have a criminal defense attorney then you should get one ASAP.
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