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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27636
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Regarding a future Jury Trial Hearing CITY OF WACO MUNICIPAL

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Regarding a future Jury Trial HearingCITY OF WACO MUNICIPAL COURT
McLENNAN COUNTY, TEXASPlease provide the sufficient information regarding the following:Pursuant to __________, Defendant kindly requests Plaintiff to answer the interrogatories and demands for production of documents herein, under oath, within __________ days after service.Is the prosecutor - who represents the city - legally authorized to conduct a Pre-Trial Hearing?Is the prosecutor allowed to advise, or discourage, a Defendant from submitting pictures into evidence - stating, "I advise you to not submit the pictures, because if you do, I will object to them."Is the prosecutor allowed to re-present the initial offer after the trial?
If so, is the Court required to provide a document to the Defendant in order for him/her to identify his decision?Is a Court officer allowed to advise a Defendant in court to accept the Court's offer?Thank you!
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The first part of your question I answered on another page.

It is the judge who conducts pre-trial hearings. Either the prosecutor or the defendant may request one. The prosecutor can INFORM the defendant that he will object to evidence being admitted but (a) the defendant can offer the evidence anyway and (b) the prosecutor cannot give a defendant legal advice.

The prosecutor MAY re-represent the initial settlement offer after trial, but it's extremely rare. If the defendant wins, he's not going to accept a deal, so there's no point in offering, because the prosecutor can't appeal. If the state wins, they nearly always ask the judge for a harsher penalty than what was in the original offer. The defendant typically does not get to pick his sentence if he's lost at trial, but there is frequently a pre-sentence report, which is written by the DA and submitted to the court, with a copy to the judge. The judge doesn't always order a sentencing report for minor misdemeanors, and the DA can make their recommendation orally to the judge in open court. In that scenario, the defendant wouldn't get anything in writing.

The court doesn't make offers, so I'm afraid I don't understand your last question. The court simply issues a sentence. He can repeat what the DA is offering, but he's not making that offer. But the judge CAN tell the defendant if it's in his best interests to accept and offer from the DA - in that case, he's actually doing the defendant a favor by not just imposing a harsher sentence than whatever is being discussed.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 9 months ago.
Hello Lucy,Thank you so much for your valuable time and response....Please explain why the prosecutor conducted the Pre-Trial Hearing (private meeting identified as "Pre-Trial Hearing").
Did she have the legal authority?
...Although the prosecutor said "I advise you to not," she informed and discouraged Defendant to not submit the pictures (tree branches obstructing the view of the speed limit traffic sign) into evidence because she would object to them.Yes, "rare," especially as she said the offer would no longer be available (Defendant just so happened to talk with her after returning to the Court)....It appears your following response does not apply to the particular scenario:
"The prosecutor MAY re-represent the initial settlement offer after trial, but it's extremely rare. If the defendant wins, he's not going to accept a deal, so there's no point in offering, because the prosecutor can't appeal. If the state wins, they nearly always ask the judge for a harsher penalty than what was in the original offer. The defendant typically does not get to pick his sentence if he's lost at trial, but there is frequently a pre-sentence report, which is written by the DA and submitted to the court, with a copy to the judge. The judge doesn't always order a sentencing report for minor misdemeanors, and the DA can make their recommendation orally to the judge in open court. In that scenario, the defendant wouldn't get anything in writing."In regard to the offer -
The Pre-Trial Hearing was held in a room with the Defendant and prosecutor (assistant city attorney representing the city).
The prosecutor provided offers to Defendant to dismiss the ticket....I will await your response.Thank you very much, Lucy!
Expert:  Lucy, Esq. replied 9 months ago.

A prosecutor doesn't conduct hearings. The judge conducts hearings. I'm afraid I can't explain why a prosecutor would conduct a hearing, because I don't understand how that could even happen. I'm wondering if you meant to use another verb. The district attorney can REQUEST pre-trial hearings, but the judge is still the one holding the gavel, running the show.

If a district attorney is giving a criminal defendant legal advice, you can file a Complaint with the bar association. They have to be very careful when talking to opposing parties and need to make it clear that they are NEVER representing your best interests.

https://www.texasbar.com/AM/Template.cfm?Section=Problems_with_an_Attorney&Template=/CM/HTMLDisplay.cfm&ContentID=23739

The paragraph that you said was non-response was addressing this part of your original question: Is the prosecutor allowed to re-present the initial offer after the trial? Sure he is, but I can't think of any reason he would. Still, a district attorney can make an offer at any time he wants. He has a lot of discretion.

Customer: replied 9 months ago.
Hello Lucy,To clarify: The prosecutor (assistance city attorney) provided offers to Defendant in a private meeting, alone, which regarded the Pre-Trial Hearing, while informing/advising/discouraging Defendant to not submit the photos of the tree branches obstructing the view of the speed limit traffic sign....So, if you're stating the act is illegal, then, can the entire case be dismissed based on "prejudice"?Thank you!
Expert:  Lucy, Esq. replied 9 months ago.

That's only illegal if the defendant had an attorney of his own who should have been present. The DA can meet with an unrepresented party, because they have to exchange evidence and negotiate pleas and stuff.

And when the DA is improperly talking to a defendant, the recourse is to report it so the bar. That's unfortunately not grounds for getting the case dismissed.

Customer: replied 9 months ago.
Hello Lucy,Thanks for your response....So, it is okay for the CA (city attorney, rather than district attorney) to conduct the Pre-Trial Hearing?Please fill in the balnk, accordingly:Pursuant to __________, Defendant kindly demands Plaintiff to answer the interrogatories and demands for production of documents herein,under oath, within ten days after service.Thank you very much, Lucy!Ryan
Expert:  Lucy, Esq. replied 9 months ago.

The city attorney can conduct pre-trial CONFERENCES or MEETINGS. Only the judge conducts hearings. That's a court proceeding and it requires a judicial officer.

There is unfortunately no statute I can provide to fill in that blank. As we've discussed, they are required to respond as soon as is practicable. You're free to ask for any turnaround you want, but there's no statute you can cite that says you're entitled to get documents back quickly.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 9 months ago.
Oh., wow...Well, it was a indicated as a "Pre-Trial Hearing."
So, know what? ...What statute can be presented to indicate the Pre-Trial Hearing was conducted illegally?Thank you!...Note: The prosecutor (city attorney) allowed the Defendant to present the case to determine whether she had violated the law; then, the prosecutor made a decision that she had in fact violated the law (acting as a judge/judicial officer); then, proceeded with the offers.In regard to the fill-in-the-blank -
...As you state, "they are required to respond as soon as is practicable."
Therefore, please specify the statute that requires the part to provide an "answer."Thank you!By the way, it appears you will wrap up the question, soon, so I will provide the excellent rating you're requesting.Thank you very much, Lucy!
Expert:  Lucy, Esq. replied 9 months ago.

I have already provided the ONLY relevant statutes. If you have any more questions, I must ask that you rate this answer positively and open a new question page, but I unfortunately cannot provide you the same link over and over.

Customer: replied 9 months ago.
Hello Lucy,I do not want the link, but rather you to state the statute, please.Again, please answer the question by filling in the blank:Pursuant to __________, Defendant kindly demands Plaintiff to answer the interrogatories and demands for production of documents herein,under oath, within ten days after service.Thank you.
Customer: replied 9 months ago.
What statute (regarding discovery procedures) requires the part to answer the interrogatories?
...Pursuant to__________....what?Thank you.
Expert:  Lucy, Esq. replied 9 months ago.

You're now asking the same question on two different pages, which is extremely confusing. I'm going to opt out of this one.

Once again, please leave a positive rating to indicate that you appreciate all the time I have spent answering not only these questions, but the third question I answered for you.

Customer: replied 9 months ago.
Thank you, Lucy!
...Have you opted out, yet?
...If I leave feedback, it will charge my account, correct?Thank you.Ryan
Expert:  Lucy, Esq. replied 9 months ago.

I did opt out, but for some reason the system still sent me a notification. Your account will be charged when you leave a positive rating, yes.

Have a good evening, and good luck with everything.

Customer: replied 9 months ago.
if the Pre-Trial Hearing was conducted illegally, I need the statute to indicate the violation, please.Thank you.
Expert:  Lucy, Esq. replied 9 months ago.

I still don't understand how a pre-trial hearing was conducted by anyone other than the judge. You were in a courtroom? And the city attorney sat at the bench, rather than counsel's table? The judge wasn't there? What happened at the hearing?

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