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JB Umphrey, Lawyer
Category: Criminal Law
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Experience: Handling criminal and probation matters for over 14 years.
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can a jury member speak to the defendent in the hall outside

Resolved Question:

can a jury member speak to the defendent in the hall outside of his courtroom before his trial in texas felony court?

Submitted: 11 months ago.
Category: Criminal Law
Expert:  JB Umphrey replied 11 months ago.

Welcome and thank you for your question!

Please clarify: has the jury already been selected/picked?

Customer: replied 11 months ago.

i dont know, 15 members walk out of my court during the selection process an hour before my trial was to begin, she walked right up to me said that then turned and got on the elevator with the other members. i didnt go to trial after that happened i accepted a plea.

Expert:  JB Umphrey replied 11 months ago.

So you had not started picking a jury correct? The trial had not started, yet, correct?

Customer: replied 11 months ago.

as far as i understand that was the begining of the jury selection process, they came from my courtroom and my lawyer said my trial was about to begin, i wasnt suppost to have been in the hall, i had just come back upstairs and sat down right outside of my courtroom,i was the only one in my courtroom that day,i dont know where my attorney was at that point.

Expert:  JB Umphrey replied 11 months ago.

Thank you.

From the facts that you've described, your trial had not started. The jury selection process had not started. Thus, the actions you've described were not improper.

If the prospective juror had spoken to you in the hallway and if the prospective juror was placed in the box, you and your attorney could have then addressed the issue with the judge and prosecutor (and, likely, the juror would have been excused).

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.

Customer: replied 11 months ago.

how did she know i was the one on trial? i had a friend sitting right next to me but she singled me out and said" good luck today your gonna need it"

Expert:  JB Umphrey replied 11 months ago.

Thank you for the follow-up. It's impossible to speculate what she knew/didn't know or what she was referring to. There is no way for me to responsibly speculate what she was referring to with her comments.

Since you never went to trial, however, her comment(s) are not of any legal consequence.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer: replied 11 months ago.

i understand that , but as far as legal consequence that statement was one of the deciding factors in me accepting the plea before trial started in fear of something unknown since it seemed my lawyer was working for the other side trying to convince me to take prison time.

Expert:  JB Umphrey replied 11 months ago.

The actions you've described are not illegal.

If you wish to withdraw your guilty plea, you are free to tell your attorney that you wish to withdraw your guilty plea and s/he will have to file the necessary motion with the court and you can explain to the judge why you want your guilty plea set aside and continue with the jury trial.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

JB Umphrey, Lawyer
Category: Criminal Law
Positive Feedback: 96.6 %
Satisfied Customers: 20229
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you

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