QUESTION

can the da make a defendant go to trial?

Asked on Sep 15th, 2012 on Criminal Law - Texas
More details to this question:
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1 ANSWER

Criminal Defense Attorney serving Fort Worth, TX at The Law Offices of Anthony Simpson, Esq.
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No, a DA cannot make a defendant go to trial.  However, if the DA has not given you an offer the only way to avoid trial is to enter an "open" plea of  guilty or no contest to the charge or charges.  This means you would be exposed to the maximum sentence without any sort of cap on your punishment.  The DA would be free to ask for the maximum in that case.  You and your attorney would be able to ask for less, of course.  You should speak to your attorney about all of your options, even if the DA does not want to make an offer.  
Answered on Sep 17th, 2012 at 11:22 AM

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