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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 already..is it voided since they didnt agree?

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Attorney answers 2

Posted

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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Posted

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 www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

This was actually a PSI update. The original PSI was about a year and a half ago. I had another case pending in another county and a couple of months later got felony probation. My attorney was still telling me i didnt qualify for probation. After nine months of being on probation in this other county he was still telling me that I was looking at 5 years. I then told him in his office after he said that, why was he telling me that when I had recieved felony probation in another county? Then almost 6 months later when we go back he said he had a probation offer from the DA 5 years probation for 5 years TDC. So I told him I would accept the offer and he had me sign papers waiving my rights then sent me to do a PSI update. 3 days later when we went back to court to sign papers for the probation we never got called back up and everyone in the courtroom was told to come back on the 18th, and at that time my attorney told me the DA backed out of the offer due to the PSI update. SInce i caught my charge that I am on probation for now after I caught the charge up there now that is still pending can the DA use this charge against me and back out of the offer even though I acccepted the offer before he received the PSI update? Also, can my attorney not go over my films or evidence with me unless I go to trial, or do I have the right to see all evidence of me before I make a decision to go to trial or to accept an offer?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

You have a right to see and review all of the evidence with your attorney before making a decision. I have never heard of an attorney behaving this way. As I said before, I would hire a new attorney. This is related to the other issue about the DA backing out. Your attorney should be fighting against this and going over that person's head to a supervisor. You need a new lawyer.