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Lawyer Criminal defense Texas my friend was arrested in

Lawyer Criminal defense TexasHello, my friend was...
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Criminal defense
TexasHello, my friend was arrested in November for possession of a controlled substance. He was being detained in the police vehicle while his vehicle was being searched. The officer took him to jail and never mirandized him. He went to court yesterday and his court appointed attorney said told him that the judge wanted to sentence him to 2 years in prison. If he wanted to fight it then he would then have to be trialed by a jury of his peers, but that if he loses then he may be sentenced to up to 20 years. We are wanting advice as to whether or not it would be worth getting an attorney. I would appreciate any advice and or information you could offer. Thanks
Kelly
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Answered in 8 hours by:
3/9/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,032
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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It is customary for a prosecutor to make a favorable plea offer to a defendant in the beginning of the case. On a felony matter, it may even be the best offer he's likely to get. Once a case is indicted by a grand jury, DAs don't like to reduce charges any more for a disposition.

It is mandatory for a lawyer -- public or private -- to reveal that offer to his client, explain what's good or bad about it and then give him his maximum possible risk if he chooses to go all the way to trial and loses. In that way, the client has all the information he needs to make an intelligent decision about his case.

The decision isn't an easy one, and the situation is inherently coercive. That is, there's a lot of pressure on him from his lawyer, from the DA and from the judge for him to decide what to do.

Still, the decision is his and his alone, If he wants to take a deal and thinks another lawyer can get him something less than 2 years, he can tell his public defender to try to keep that offer open so that he can retain private counsel. If he wants to go to trial to clear his name and doesn't trust his public defender to do a good job for him, then a private lawyer in whom he has trust would be a better fit for him.

Public defenders are fully-credentialed lawyers who just have chosen to practice in the public non-profit sector. Some public defenders are better than some private lawyers. But you can get more attention from a private lawyer, since his case load is not as heavy. And you can pick the private lawyer you want, which you can't do with the public defense bar.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,032
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Category: Criminal Law
Satisfied Customers: 30,032
30,032 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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