Judges Suppression Hearing Conduct

Summary

A judge in Texas cannot refuse a suppression hearing based on plea agreement conditions. This may violate due process rights. Consider consulting another attorney for a second opinion. You can file a complaint with the Texas State Commission on Judicial Conduct and seek assistance from legal aid organizations if needed.

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Can a judge refuse to proceed with a suppression hearing in his court unless the defendant and prosecutor reach an agreement first in Galveston County Texas?

Hello ****,
In Texas, a judge cannot refuse to proceed with a suppression hearing solely on the basis that the defendant and prosecutor have not reached an agreement. The right to a suppression hearing is part of due process.
Is there any specific detail or context about your case that you want to share? This might help in providing more precise information.

I was pulled over for a investigative stop about a attempted theft at Walmart. After stopped, frisked, and questioned the k9 officer asked for consent to search vehicle. I declined so he used dog for probable cause. At pre trial, I asked for a motion to suppress. My attorney and the judge pressured me to take the plea bargain, but I refused. The judge then stated on the record, " In his court, in order to receive a suppression hearing I have to agree to a 2 year prison sentence if denied. The prosecutor would dismiss if granted." I verbally agreed but didn't sign anything. My attorney also agreed to that. Is this legal?

****, based on your description, it seems highly questionable for a judge to condition a suppression hearing on agreeing to a prison sentence if denied. This may violate your due process rights. Consulting with a different attorney for a second opinion could be beneficial.
Would you like information on how to file a complaint or seek further legal advice?

Yes

****, here are the steps you can follow to file a complaint or seek further legal advice:
- **Contact the Texas State Commission on Judicial Conduct** to file a complaint against the judge.
- **Consult another attorney** for a second opinion on your case.
- **File a grievance** with the State Bar of Texas if you believe your attorney acted unethically.

~Texas State Commission on Judicial Conduct~
Phone: (*) *-*
Address: * W. 15th Street, Suite *, Austin, TX *
Website: www.scjc.texas.gov

Would you like more details on any of these steps?

Yes

Sure, ****. Here are more details on the steps you can take:
- **Contact the Texas State Commission on Judicial Conduct:** You can file a complaint if you believe the judge acted improperly. Provide detailed information about the incident and any evidence you have.

~Texas State Commission on Judicial Conduct

Phone: (*) *-*

Address: * W. 15th Street, Suite *, Austin, TX *

Website: [www.scjc.texas.gov](http://www.scjc.texas.gov)
- **Consult another attorney:** Getting a second opinion is crucial. Another attorney can review your case and provide advice on how to proceed.
- **File a grievance with the State Bar of Texas:** If you believe your attorney acted unethically, file a grievance. You can submit the complaint online or via mail.

~State Bar of Texas

Phone: (*) *-*

Address: * Colorado St, Austin, TX *

Website: [www.texasbar.com](https://www.texasbar.com)
Would you like assistance with any specific step or more details on filing complaints?

My current attorney is a public defender. What if I can't afford an attorney what should I do?

****, if you can't afford an attorney, you have the right to continue with a public defender. However, you can also:
- Request a different public defender if you feel your current one is not representing you adequately.
- Seek assistance from local legal aid organizations that provide free legal services.
Would you like information on how to request a different public defender or contact local legal aid organizations?

Yes. How do I contact legal aid organizations

****, here are some legal aid organizations in Texas you can contact for assistance:
- **Lone Star Legal Aid**
- Phone: (*) *-*
- Website: [www.lonestarlegal.org](https://www.lonestarlegal.org)
- **Texas RioGrande Legal Aid**
- Phone: (*) *-*
- Website: [www.trla.org](https://www.trla.org)
Would you like more information on any of these organizations?

Yes

****, here are more details on the legal aid organizations in Texas:
- **Lone Star Legal Aid**
- Phone: (*) *-*
- Website: [www.lonestarlegal.org](https://www.lonestarlegal.org)
- **Texas RioGrande Legal Aid**
- Phone: (*) *-*
- Website: [www.trla.org](https://www.trla.org)
Would you like assistance with contacting them or more details on their services?

Yes details please

Lone Star Legal Aid
- **Phone:** (*) *-*
- **Website:** [www.lonestarlegal.org](https://www.lonestarlegal.org)
- **Services:** Provides free legal assistance in civil matters to low-income residents in Texas. They cover issues such as housing, family law, consumer protection, and public benefits.

Texas RioGrande Legal Aid
- **Phone:** (*) *-*
- **Website:** [www.trla.org](https://www.trla.org)
- **Services:** Offers free legal services in various areas including housing, employment, consumer rights, family law, and civil rights for low-income individuals in Texas.
Would you like assistance with contacting them or any other specific details?

My case is a criminal drug case

****, since your case is a criminal drug case, you should contact specialized organizations for legal assistance. Here are a couple of options:
- **Texas Fair Defense Project**
- Phone: (*) *-*
- Website: [www.fairdefense.org](https://www.fairdefense.org)
- Services: Provides legal assistance and advocacy for indigent defendants in Texas.
Would you like more information on these services or help with something else?

More information please

****, here are more details on the Texas Fair Defense Project:

Texas Fair Defense Project

- **Phone:** (*) *-*
- **Website:** [www.fairdefense.org](https://www.fairdefense.org)
- **Services:** Provides legal assistance and advocacy for indigent defendants. They aim to ensure fair defense practices and protect the rights of defendants.
Would you like help contacting them or more information on their services?

Do you think the judges actions are serious

****, based on your description, the judge's actions appear to be highly questionable and could potentially violate your due process rights. Conditioning a suppression hearing on agreeing to a prison sentence if denied is not standard legal practice. Consulting with another attorney is advisable.
Would you like more information on how to proceed with a complaint or seek further legal advice?

Should the media be notified about this

****, notifying the media can bring public attention to judicial misconduct, but it is essential to weigh the potential consequences on your case. Consulting with another attorney for strategy advice is crucial.
Would you like guidance on how to notify the media or more information on legal recourse options?

Judges Suppression Hearing Conduct

Summary

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Texas Fair Defense Project

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