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Can a district attorney take back a plea offer due to a psi?

Midland, TX |

Have been told by my lawyer for 2 years that I would get 5 years for a felony DWI. When going back for yet another "docket call" my attorney told me that the DA offered 5 years probation. Once the papers were signed, I was told to get a PSI from the probation office.
2 days later in court my attorney informed me ( when court was called off) that the DA was not going to accept the offer due to the PSI. I am on felony probation in another county that my attorney (court appointed) new about. He refuses to go over any police reports, video or anything with me from that night unless I agree to go to trial only. Isnt this wrong? And shouldnt the DA have already known of my other probation from my attorney? And what about the plea i signed it voided since they didnt agree?

Attorney Answers 2

  1. The DA should not have access to the PSI unless you signed a waiver. Many DA's however, do condition a plea bargain on a clear criminal history or upon the PSI. While your attorney may have known about the other county probation, he is not obligated to tell the DA. Your court appointed counsel should at least allow you to review the reports, video and other evidence (discovery) he has in his possession. He is not obligated to make copies of it for you, and may be under court order to only allow certain individuals to see certain items. Good Luck

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  2. This is a giant mess. You need a new attorney. No attorney should be recommending that you accept an offer without reviewing all of the evidence with you. And the DA should not be making an offer without first reviewing your criminal history. Start calling other attorneys now!

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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