Spring, TX asked in Criminal Law for Texas

Q: Is a Texas DPS drug analysis report considered a police report and therefore unaccessible buy a criminal defendant?

My attorney is very reluctant to show me any type of evidence or documentation that exonerates me or airs on my side or my bias. One of these documents is the drug report done by the DPS crime lab. Even though he's already sent it to me, months ago, he refuses it to send it to me again stating that Texas law prohibits him from doing so (he doesn't remember having sent it earlier). It just so happens that the drug report came back negative and exonerates me. He is very persistent that I take a 10 year adjudication plea,

however, is unable to provide any evidence that would prove this be in my best interest. It also just happens that the prosecutor involved in my case was just investigated by the FBI for trumping charges. Could it be that my defense attorney is working with the prosecution?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Your defense attorney is not working for or with the prosecutor, but if you d not believe your atorney is working in your best interest, go hire another one. Good luck.

Simone R. Bray
Simone R. Bray
Answered
  • Licensed in Texas

A: The Texas Court of Criminal Appeals ruled last year that Defense attorneys are not allowed to give you copies of evidence, but they are required to allow you to view it. However, if your lawyer won't let you view the evidence, you should consider getting an attorney who will.

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