Richardson, TX asked in Criminal Law and Constitutional Law for Texas

Q: Why would a DA offer time served on a POSS CS PG 1/1-B >=4G<200G On his first plea offer when defendant served 4 hrs

Bonded out in 4 hrs and feel defendants 4th amendment rights were violated

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2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: The decision by a District Attorney (DA) to offer time served on a charge of drug possession, especially on a first plea offer, can stem from various factors. These might include the nature of the case, the strength of evidence, the defendant's background, and potentially even the circumstances of the arrest. As for feeling that a defendant's Fourth Amendment rights were violated, it's crucial to address this concern legally. The Fourth Amendment protects against unlawful searches and seizures. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The simple answer is Dallas County has really full jails.

There’s not enough room to jail minor “status” offenders like drug possession.

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