Legal Question in Criminal Law in Texas
i was offered a plea deal but i knew i was innocent so i didn't take it and 30 seconds latter its dismissed for no evidence or witness. while my charge is gone how many other people might take the plea? this seems like entrapment and unconstitutional for the prosecution to even offer a deal knowing full well there is no evidence. Am I right?
1 Answer from Attorneys
The prosecutor may have had evidence initially to make the charge and in time something occurred e.g. a missing witness and other concerns where the prosecutor determined that he/she would be unlikely to secure a conviction if the case went to trial. Hence they tried to bluff you into a guilty plea and when you didn't bite, they dismissed it.
This likely happens often in the criminal justice system. If the reason for the dismissal was because they thought you were innocent, then they had no business trying to get you to plead guilty. That would be unethical behavior. Many ethical prosecutors will confide in defense counsel that they have a witness missing or some other problem. Other prosecutors are less candid. In the final analysis, I don't know what the reason was for the dismissal, so I cannot say from this limited information that the prosecutor violated any ethical rules.
An experienced criminal defense attorney can frequently determine what the status of the prosecution's case is and whether they can proceed to trial. This experience allows the attorney to accurately advise a client on whether to accept a plea offer.
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