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I wanted to let you know that I suppossedly won the

Good Afternoon ... I wanted...
Good Afternoon ... I wanted to let you know that I suppossedly won the possession charge ... it came to light in pre-trial that the dps trooper lied and submitted a false inventory as evidence ... the judge advised the da he should settle this due to this illegal search .... but now the DA is coming after me for the class b mist that I was originaly arrested for prior to the search .. and prior to going to court ... i offered to plead guilty to the class b with a lengthly probation if they would drop the felony .. and they said NO ... but now they want to give that to me ... now I want to say NO ... now I want to go infront of the county judge and have them give me the appropriate punishment for this very unfortunant misunderstanding ... would I be required to take ANY offer by the DA's office since they wouldn't even consider anything prior to this evidence coming up???and just a second problem ... the county judge is also the head of the commissioners court that is trying to sue me and have failed 3 times on a completely different situation conserning my business.would there be justification to file for a change of venue???
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Answered in 1 minute by:
3/15/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,013
Experience: Active member of the NYS bar since 1989
Verified

Hi,

Thanks for the update. First of all, congratulations on getting that charge dropped.

As for the rest, 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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Customer reply replied 1 month ago
I felt like the ecidence was planted but I just couldnt prove it ... but I didn't have to ... the trooper did it for me ... i wish i could get this whole thiing dismissed due to the fact if he is going to submit false evidence ... then i feel the whole thing should go away ,,,,

First things first here.

No. There is absolutely no reason for you to have to take a plea just because it's offered. If its the same officer who arrested you for both matters, the fact that he falsified evidence on the stand as to the felony count should taint his testimony when he talks about whatever you were arrested for in the first place.

I suspect that if you refused the present offer and said you wanted to go to trial, that down the road the prosecutor might change his mind about wanting to go forward and offer you a far more favorable deal just to get this off of his desk.

If you turn down the offer and this is sent back to the county judge and you think the judge would have a conflict of interest that would keep him from being fair and impartial on your case, your lawyer would file a motion asking the judge to recuse himself. If, on the other hand, there's no other county judge but him you could move for a change of venue.

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Customer reply replied 1 month ago
My lawyer was confussing me yesterday ... telling me that he went through all this trouble to "get" the deal with the DA if the felony was dropped ... but they refussed to take it then ... now that the judge has advised the DA this charge would not be able to go forward ... they reverted back to the offer my attorney made ... I am thinking ... no .... they were not even going to charge me with the class b if they got the felony to go thru ... soooo ... I'm trying to make sure that I would be correct in telling my lawyer that I don't care that I made a plea offer on the class b now ... the class b is .... I am formally a police officer ... and when i was pulled over i had never meet this trooper before and in conversation i advised him that i too WAS a police officer ... he asked me if I had any ID regarding that ... and I do ... my old commission card from my last employer ... he asked to see it ... i complied and handed it to him ... not thinking that it was a big deal .... and he arrested me for false ID as a police officer .... during this whole investigation ... I found out from the DA who told my attorney that the county law enformcement was keeping my house under watch for drug activity ... which I was shocked to hear ... but I felt it was because the county has been trying to sue us ... my husband and I own a trash service business and they have been after us for a public neusence for 4 years due to a new school being built across the street from our property ... they have been unsuccessful .... so that's when this whole drug charge started to make sence to me .. cause I am NOT involved in any type of drug activity ... Originally I figured the trooper found something from one of the MANY trash bags that where located in the back of my truck ... and just SAID it was in the cab ... or possibly planted it ... so the county would have a drug charge stuck to me and give them probable cause to REALLY start messing with us and shut us down .... or be able to drag me into court more and financially drain me...Am I correct in that thinking ... that even though I offered to take a heavty probation time for the class b ... if they didn't take it at the time I offered it .. and originally were NOT going to charge me with it .... would I be able to advise that in any way ... and have the clasa b dismissed along with the required dismissal for the felony???
Customer reply replied 1 month ago
sorry ... but yu really are the BEST information that I have received so far ... everyone here is affraid of the DA and the county ... and everyone is always looking for a favor ... so you don't always get the BEST personal advice - cause everyone has their own agenda.

The DA was willing to drop the misdemeanor to get a plea to the felony. That's a standard bargaining ploy as even if you pled to the misdemeanor and the felony, the felony time would absorb any misdemeanor sentence rather than add to it.

Now the DA wants to get a conviction of some sort out of this. And the fact that he was not going to charge you when he could have gotten you for a felony isn't grounds to get this dismissed now. The circumstances have changed.

Again, you don't have to take a plea. Sure, you wanted probation when you thought you might be facing felony time, but you're not now. Your maximum risk is 6 months of jail if you lose at trial, and given how your lawyer can dirty up the cop on cross-examination, there's no reason to assume you'd lose.

I stand by what I said before. If you pass up the probation, which you could always get from the judge down the road even if you get the DA angry about that, and drag this case towards trial, I think that ultimately, you may get a much more favorable disposition if you wanted one because I don't think the DA will really want to try it, much as he may want the conviction on his stats right now.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,013
Experience: Active member of the NYS bar since 1989
Verified
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Customer reply replied 1 month ago
fantastic ... thank you ...
that's what I wanted to do ...
take it trial and get the trooper up on the stand and bring in the fact that he lied on evidence already ....
your awesome... have a great day
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