tag:blogger.com,1999:blog-8597101.post6415722131925921314..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Ex-prosecutor: Counsel waivers good for 'judicial economy' but not justiceGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-85892853453600312212007-05-24T17:58:00.000-05:002007-05-24T17:58:00.000-05:00To anomyous:So......if you have an attorney it is ...To anomyous:<BR/><BR/>So......if you have an attorney it is ok for them to delay the process.....if the prosecution wants to dealy the process, that's ok too.<BR/><BR/>If a defendant wants to delay the process it is ok to "target" them?<BR/><BR/>Your argument doesn't make sense in the context of how things really work. If anyone's right to an attorney is usurped, we all suffer!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-58452375843229762882007-05-23T23:09:00.000-05:002007-05-23T23:09:00.000-05:00Doesn't this bill violate the equal protection und...Doesn't this bill violate the equal protection under the law clauses of the Constitution?<BR/><BR/>It differentiates between an indigent defendant and a non-indigent defendant.<BR/><BR/>Can a death penalty defendant waive his right to counsel? <BR/><BR/>Is the process of waiving the same for a death penalty defendant and a minimum felony defendant?<BR/><BR/>A misdemeanor defendant?<BR/><BR/>Will this lead to a "raising of the bar" (qualifying process / standards) for indigence status.<BR/><BR/>IMO the target of this bill is the defendant who see saws on hiring an attorney and a stalling of the case by not "hiring an attorney yet".Anonymoushttps://www.blogger.com/profile/14302938894998279354noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-43456751578455884532007-05-23T11:36:00.000-05:002007-05-23T11:36:00.000-05:00Prosecutors should have no say in the bills passed...Prosecutors should have no say in the bills passed by the Legislature. They should stay at home and tend to their own business. <BR/><BR/>Their job becomes easy if they do not have to have a trial and from what I have witnessed this is tried in every case, unless it is a high profile case and will benefit them in their re-election bid. <BR/><BR/>Our system is so corrupt, we should be ashamed and everyone who holds the office of DA should be required to have term limits, as should the Speaker of the House. <BR/><BR/>Lawyers love it when they can get a deal, they still get paid and lets face it, that is all they are after. The DAs just want to win to make themselves look good for the next election.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-92114486245484364182007-05-22T13:39:00.000-05:002007-05-22T13:39:00.000-05:00As someone who has tracked this bill closely durin...As someone who has tracked this bill closely during the session, I don’t think it’s accurate to say that prosecutors, as a group, are strongly opposed to HB 1178 in its current form. <BR/><BR/>Many counties already follow procedures that comply with HB 1178, and I don’t think that prosecutors in those counties ever expressed opposition to the bill. Also, the TDCAA discussion thread you linked to is several months old. Since then, several changes have been made to the bill in order to address concerns raised by prosecutors and other county officials. <BR/><BR/>As Mr. Guest’s personal experience suggests, it is likely that many defendants still will choose to proceed without counsel in county systems that comply with HB 1178. The resulting plea deals may or may not be “better” than the resolution that would have been reached if they had been represented by counsel, and may or may not trigger collateral consequences that the defendant did not fully understand and could have avoided. <BR/><BR/>But if Gov. Perry allows HB 1178 to become law, defendants who do want the assistance of counsel at least will have a chance to request counsel and obtain a ruling on their request before they are steered into uncounseled plea negotiations. It seems like a small and obvious protection, but one that defendants in some Texas counties don’t have right now.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-72854183206159356642007-05-22T12:25:00.000-05:002007-05-22T12:25:00.000-05:00It is indeed all about money. The Judge, DA and D...It is indeed all about money. The Judge, DA and Defense Attorney do get together and decide the fate of anyone arrested. Do not get arrested, that is the only way to experience real justice!<BR/><BR/>If you do get arrested, get an attorney, listen to what he has to say and then study the law related to your own case. Do your own investigation of the facts. Make sure your attorney is working for you by asking what exactly has been done. Ask what motions have been filed, read everything completely.<BR/><BR/>Do not make a hasty decision and do not talk to the Police, DA or anyone associated with the State. No matter what!<BR/><BR/>Now your chance of benefiting from due process is at least improved if not perfect! Everyone deserves a lawyer every time there is a criminal action and everyone needs to know about their rights.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1317838917395412007-05-22T10:06:00.000-05:002007-05-22T10:06:00.000-05:00Bill 1178 is a huge step in the right direction. P...Bill 1178 is a huge step in the right direction. People are so used to having their rights taken away by prosecutors the process of you are innocent until proven guilty has nearly eroded. The DAs need to stay out of the process and not be allowed to discuss this at all with the person whose life is at stake. DAs have far too much power and the only thing they care about is winning. <BR/><BR/>The Constitution is real and not what our President called it. He is wrong, so wrong. I urge Gov. Perry to do what is right and sign this bill. Everyone is entitled to a court trial if that is what they chose and no DA or lawyer for that matter has the right to make this choice for anyone. All the lawyers want is the money and all the DAs want is to win and go on to the next case, to get a conviction no matter how they get it, always helps them to get re-elected. Our justice system has gone to a near Communist state and it is time we put a stop to what is happening. The DAs need to stay out of Austin, let the elected Congress make the decisons and stop trying to influence them to get your way. As you can tell DAs are not my favorite people and neither are Judges. They seem to all be corrupt and they get together with the defense lawyer, Judge and DA and decide what is going to transpire. I have witnessed this in person and this is terrible and speaks poorly of our justice sytem.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40562254334585016552007-05-21T19:18:00.000-05:002007-05-21T19:18:00.000-05:00This is an excellent step in the right direction. ...This is an excellent step in the right direction. Gov. Perry needs to sign this one and not veto it like he does so many. This is very encouraging.Anonymousnoreply@blogger.com