Dallas, TX asked in Criminal Law for Texas

Q: If my lawyer has proof my p.o. lied shouldn't he have defended me in court

My lawyer showed me the reasons my p.o. revoked me and one was not reporting for the last three months. ( That was a lie) #2 hanging around dangerous people( that was a lie) she didn't even know my fiance s name . My paid lawyer should have defended me shouldn't he when I also had proof? Now days even paid attorneys that are very good are afraid of defending you. Just because you have one violation they think they should go along with the p.o. or the d.a. everyone that gets convicted knows this. The justice system just doesn't stand up for you . People are going to jail whenever they have deaths in the family and have to reschedule there app. There p.o. will violate them with something they weren't even gonna violate for to begin with . Then add to it whever they don't have to. Instead of helping you there not there making it to where when you do get out of jail you are homeless no money no job back to square one . Over a simple dirty ua. Or a family member dying this just isn't right!

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1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Your complaint makes some good points. Too often it happens that lawyers go along with prosecutors and seem not to be interested in pointing out the defencts , even lies, that are a part of the State's case against the defendant. The problem with your complaint that your lawyer didn't properly defend you is that you yourself pleaded "true" to these lies and misrepresentations.

Lawyers have a duty to bargain with the prosecutors to get the best offer they can for their clients. Then they bring the offer to you. If you wanted your lawyer to fight for you, all you had to do was say no to the offer the State was making you. But apparently you agreed to the offer. I can promise you that the offer would have been withdrawn if your lawyer had tried to say yes to it while insisting it was based on lies. What you appear to want is to play "Kings X" in court- you wanted to take the deal or you would have said no. Afterwards, you want to complain that you didn't get to try the allegations contained in the State's motion. You can't have it both ways.

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