Q: Can a Texas judge refuse to hear a motion? DA is offering a plea contingent on not having my motion to quash heard.
I have had a motion to quash submitted for over a year now. I am in pre-trial settings and the judge is refusing to hear my motion until the day of trial. Because of this, the DA is not going to offer their current plea if i wait until trial date to have my motions heard. I only want to plea if the judge thinks the felony charge is valid in the first place. Is this allowed
A:
It is allowable to have a Motion witdrawn as part of a plea negotiation and deal. In otger words, you can withdraw your motion to get an acceptable deal. The DA can also withdraw a deal if you decide to go forward with a Motion. The idea is that a Motion takes time and effort and other work.
The choice is up to the accused defendant.
I hope this helps.
Good Luck!
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