Q: My boyfriend got a DWI in comal county over 25 months ago. He has a breathalyzer, he
Gets it calibrated every month. He checks in religiously with the bail bondsman. The DA won't provide any discovery to the attorney. He can't get answers and they are calling him in for a plea next month. What are his rights for a speedy trial? How can they prosecute when they won't provide the discovery. The probation office couldn't even find his info when he traded his truck in. The entire situation is crazy. What are his rights and what can he do to get this dismissed?
A: This sounds like a difficult situation. You will want to make sure your attorney has made a timely request for discovery under Article 39.14 of the Code of Criminal Procedure. Upon such request the State must provide discovery as soon as practicable. You can learn more about the Michael Morton Act and what discovery is required by reading this article https://www.versustexas.com/cpp-39-14/. Good luck!
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