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I love these kinds of questions.(1) When will Prosecution see the deposition?
A special reporter called a 'court reporter' A court reporter is generally a third-party who proceeds to record the deposition using special equipment.
Once a deposition is done, a special reporter then takes the notes and transforms them into a good, line by line depo record. Either party can order a copy for a reasonable fee. The depo can take about 3-7 days to be cleaned up and ready to be sent out. So assuming the court reporter is rushed, say 10 days before the prosecutor gets to see a copy once his office orders a copy. (2) What will Prosecution—under pressure from the sheriff’s department-- do if the case begins to look weak that shooter knew the two men were law officers?
The prosecutor (called an Assistant District Attorney, or ADA or DA for short), is then likely to offer the Defense Attorney
- a conviction for a lesser offense in exchange for going to trial on the charges now before the Court against the Defendant. (3) If Prosecution reduces the charges to aggravated assault, which would seem to be a virtually automatic conviction, when will they do it?
They can do so at any time. Generally, once someone is charged, they have resetting court dates. Around 3-4 every 2 weeks to a month is standard in Texas. At these court settings, the ADA and the Defense Attorney negotiate. If nothing is settled, the Court is reset... after 3-4 of these settings, the Court will want either an agreed settlement or for the Defense to go to trial.
Normally, the Defense Attorney and the ADA communicate only at the settings if it is a big county, and if it is a small county, it is not unusual to communicate outside of the Court as well. Any agreement would be entered into generally AT ONE OF THESE SETTINGS.
However, the Defense can always elect to go to trial, and then if the offer is still on the table, take it at ANY TIME before the Jury comes back. (4) Could they go to trial on the original charge and reduce it during the trial?
Yes, and this actually happens.(I’m assuming sheriff’s department will oppose a plea bargain and want a jury trial.Is this wrong?)
This depends on the case. Whoever feels that they may be losing may offer the other a deal. The other party may or may not take it. Some ADAs refuse to take a deal once trial is under way because they reason that spending so much time and man-hours prepping for trial should not go to waste.
But in the end, they can enter into an agreement at any time before the Jury comes back.(4) What happens if Prosecution does not reduce the charges to aggravated assault and the jury believes the Defense that shooter did not recognize the two men as law officers?
If this is the case, the Jury may come back finding the Defendant not guilty
. If the ADA did not have any lesser charges tagged on to the indictment, then the Defendant goes free.
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