QUESTION

Public Defender won't file a motion to dismiss

Asked on Aug 15th, 2015 on Criminal Law - Texas
More details to this question:
All she will do is advise me to take a plea. Why is that? She says a jury must decide whether a motion to dismiss a charge is valid. Ridiculous.
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1 ANSWER

Criminal Law Attorney serving Rockwall, TX
2 Awards
Not knowing anything about your case, your public defender probably will not file a motion to dismiss because they believe that there is no basis evidentiary wise to support such a fiing.  If you believe evidence was obtained illegally, i.e., without a warrant for instance, then talk to them about that. There are times that a plea bargain can be in your best interests.  If you want to contest your case factually or based on the evidence, then your public defender is right--a jury trial could be a way to resolve your case if you feel that strong about your innocense. I encourage you to talk to your lawyer about your frustrations regarding your case.  I'm confident they will be able to explain it to you to your satisfaction.
Answered on Aug 16th, 2015 at 6:07 PM

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