Discovery

P

play_by_the_rules

New Member
Jurisdiction
Texas
Depending on the prosecutors permission or denial of whether or not you can have copies of the information it contains. My question is; Is the file you see the actual file from the DA's office or is it a copy that has been given to your attorney?
 
play_by_the_rules said:
Depending on the prosecutors permission or denial of whether or not you can have copies of the information it contains. My question is; Is the file you see the actual file from the DA's office or is it a copy that has been given to your attorney?
Click to expand...

Your lawyer receives copies of the actual exhibits the prosecutor possesses. You in turn get a set of those copies, too.

That's what the law calls discovery.
As a criminal defendant it's one of your many protected rights procedurally and constitutionally.
 
Thank you for the reply Judge, but much to my dismay i have recently found out that you don't get copies if the prosecutor says no. At least that is what my attorney has said. I live five hours away and can only look at the paperwork at his office. i am quite put out about the whole thing and on top of that I have driven all the way there for a hearing and the prosecutor not show up so it is reset. First time i didn't say anything, the second time I suggested to my att that he make a motion for dismissal for want of prosecution; he simply said "I Wish" but he couldn't. If this sounds odd and want to know more say so but I need to know what I can do. I don't have another 15,000 for a new lawyer. Any advice would help.
 
Hello, Rules:

As of January 1st, 2014 a new law says what's happening in your case is outlawed. Gone are days where prosecutors could do to criminal defendants what's being done to you. You're entitled to reproduction of EVERYTHING. You're entitled to see everything. If you're being treated this way, there might be things your lawyer hasn't seen. Who knows, mate?

It could be your lawyer is too cheap, or too stupid to help you.
In some cases, defense attorneys have been found to be in cahoots with the prosecutor. Maybe you'll have to lodge a complaint with the state bar against your lawyer? It could be you'll have to speak to other attorneys in your area to ask what options are available to you. I'd be very suspicious about the shenanigans and hijinks going on in your case.

Read this article. It's ALL explained for you.

Criminal Discovery in Texas—2014: The Beginning of a Brave New World of Fairness | Voice For The Defense Online


It can't hurt you to print it, find more articles, print them, make an appointment with your lawyer, and ask why your rights aren't being protected????
 
Thanks Judge,
The info was interesting and helpful academically but my problem is a bit more serious than I previously stated. If this wasn't happening to me I would have a hard time believing it without some proof. That is the problem, since This began I have been given amended bond conditions with the stipulation that if I didn't sign my bond would be revoked as being insufficient; I have seen at least two of the statements change considerably ( I know because the first time I saw them they were both I made a note about the signatures being printed and a correction that had been initialed. second time the statements were rewritten and the initials were gone.) only proof is my note to myself. and that is just a start. This is more along the lines of the Salem witch trials. who can I contact for help that won't just look at me and say "Oh he is making crap up because he got caught, If I had been caught I would take it like a man; but they are using the confidentiality card to keep info hidden and screwing me to cover thier mistake. Can you help or advise please
 
Some solutions are sitting right there in your pocket or purse.
You can use your smartphone, or a camera to take pictures of the documents you believe would be helpful to your case.

I have a few questions for you.
When you answer, I'll do a little research, and maybe I can offer more insight.

What charges do you face?

Were you charged by complaint and warrant, or have you been indicted by a grand jury?

Are you out on bond or your personal recognizance?

Have you ever been convicted of a felony?
If so, what charges, what was the disposition?

In what county are you being tried?

If you provide me with the case number and your last name, I might be able to obtain some information which could answer some of questions. If you choose not to do so, that's your prerogative.

Okay, I'll wait your responses.
 
Judge
Thank you do you have somewhere I can send the info without it being posted. Even though i am not guilty this is one of those things that just being accused can ruin you.
No never convicted; I'm on Bond. Indicted, Kaufman; PC 22.011 case# 15-10602
 
play_by_the_rules said:
Judge
Thank you do you have somewhere I can send the info without it being posted. Even though i am not guilty this is one of those things that just being accused can ruin you.
No never convicted; I'm on Bond. Indicted, Kaufman; PC 22.011 case# 15-10602
Click to expand...


That case number isn't showing anything.
Is it right?

15-10602

Attorney name?

Defendant's last name?

Or send more details to my email address I gave you in our personal chat.
 
army judge said:
That case number isn't showing anything.
Is it right?

15-10602

Attorney name?

Defendant's last name?

Or send more details to my email address I gave you in our personal chat.
Click to expand...
Thanks I will send what I have but yeah the case #/cause# is 15-10602-86-F that is what all the papers I do have say; please let me know if you can't find it. Thanks again
 
information for you, also see our private convo

did you email me the documents?
 

Attachments

  • Basic Motion for Discovery-2.pdf
    28.4 KB · Views: 3
  • Motion to Compel DRE Discovery.pdf
    20.3 KB · Views: 2
  • PRE-TRIAL-MOTIONS2004.pdf
    575.9 KB · Views: 6

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