Legal Question in Criminal Law in Texas
Crimal case
Victim kicked in the face multiple times by 2 suspects. Victim taken to nearby hospital, received multiple stiches in eye lids and underwent 2 catscans to rule out head trauma. Now, 10 months later DA is wanting to offer a plea bargain to suspect (only 1 was charged). Does victim have the right to hire an attorney to represent him and work to hold the suspect to receiving the Class A Misdemeanor charge originally charged or does victim have to go along with with the district attorney says?
1 Answer from Attorneys
Re: Crimal case
No you can't hire a lawyer in a criminal case -- EXCEPT, if an attorney is willing to represent you in a civil case for damages against the suspects, then that same attorney can lobby for you with the DA. Plea bargain alone is not a bad deal, since you get a conviction for a civil case. There may be some legal problems with the case which would make winning a trial difficult. Talk to the DA -- make sure that they know that you are unhappy with the proposal. You can pitch a fit, but generally that will not endear you to them. Try to work within their system to get them to plea bargain for a stiffer sentence -- it sounds like 'serious bodily harm'.
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