I Hate a Prosecutor's View of Cocaine.
I was having a conversation with a prosecutor that I have known for over ten years recently about why the Harris County District Attorney's Office refuses to use 12.44(b) punishment for state jail felony drug cases. This type of punishment gives a prosecutor the discretion to reduce the charges from a felony to a misdemeanor. His reply was "how does that help me?" I tried to impress upon him that his job was to make sure that justice is done. I tried to let him know that the general consensus among the citizens of Texas is that low level drug users should not be sent to prison. He refused to be swayed. He just kept stating how does this help me Ironically, he said he would start treating those cases like misdemeanors when the Texas legislature changes the law. He fails to take into account two things. First, the Texas legislature has stated that the prosecutor may reduce a state jail felony to a misdemeanor. The Harris County District Attorney's Office does not acknowledge this law. Second and most importantly, the comments section of the Texas Rules of Professional Conduct states: "A prosecutor has the responsibility to see that justice is done, and not simply to be an advocate." (Rule 3.09 Special Responsibilities of a Prosecutor).
If you need help with your drug case in Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.
