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  1. #1
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: Bad Plea Bargain

    Is this a homework question ?

  2. #2
    Join Date
    Jun 2011
    Posts
    9

    Default Re: Bad Plea Bargain

    Well, if the court was of no record, their is really not court order to justify the warrant. If the warrant was served in the municipality, I would argue that there is no record of charges nor is there anything else that could be used against you in the case, proving that that guy committed a crime.

    I would think that that court was a court of record because there is a paper trail.

    I don't believe that the DEF has a case with the Due Diligence because there is no case at the present time to prove such. The DEF obviously took a plead deal, therefore accepting anything and all actions that occurred.
    There is one thing that I would suggest, That Municipality had no jurisdiction in the case describe because a municipality cannot hold criminal cases, at least in the state of Texas as far as I know, this is one of the remedies for traffic or Transportation violations. Also, another thing that could be used was the fact that the man wasn't driving, a commercial term, and since the man wasn't being paid for driving, it isn't considered driving according to law, at all. Look at the words in the Law Dictionary such as blacks (Most Popular) and also, look at the word passenger, same thing.

    Hope this helps.

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