Legal Question in Criminal Law in Texas
Prosecutor
If you are assigned a prosecutor who is biased, is there anyway to get it assigned to someone else. Evidently, a judge from another conty contacted this judge to give good recommendation on the suspect, when the local judge went to the prosecutor, it ticked him off. He is giving a very harsh plea offer to the point that an attorney--being his friend would not take the case for fear of ruining thier friendship when he saw how rediculas the plea offer was. I really do not have room to tell the whole story, just need to know if there is anyway to request a reassignment. He also is combining the court date for pleaing and sentencing so there will not be a presentece investigation. I really hate to stir up more problems because this prosector is well known for being vengeful--even within his own office.
1 Answer from Attorneys
Re: Prosecutor
Every county has a different system for assigning prosecutors to cases. In the counties in this area, prosecutors are assigned to a court, and every case that lands in that court, are handled by the two or three ADA's assigned to that court. Some counties will routinely rotate the ADA's, some do not. The defense attorney is the best person to address this situation.
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