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


2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.