Spring, TX asked in Criminal Law for Texas

Q: how do I subpoena the court for evidence and body camera footage?

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2 Lawyer Answers

Herman Martinez

  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Your lawyer will be provided that once they do a discovery request. Once they receive it you will be able to see the body cam that is provided.

In Texas, the Morton Act requires the State to give all non privileged evidence to the defense attorney.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If the police and prosecution are playing by the rules then a subpoena is not necessary because a timely discovery request will get the job done. [Article 39.15 Texas Code of Criminal Procedure]

While you are at it, be sure to request the Dispatch Report and Dash-Cam recordings. The former will let you know the name and badge number of each responding officer, so you can be sure to get ALL of the body cam recordings. The latter is important because sometimes it picks up important things missed by the body cam.

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