Garland, TX asked in Criminal Law for Texas

Q: I’m being charged with agg sexual assault of a child, Can I get a copy of her statement she wrote without an attorney?

My daughter claims I did this to her 7 yrs ago and wrote a 5 page statement and I would like to read it. I don’t have attorney yet but can I get a copy of her statement she submitted?

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3 Lawyer Answers
Herman Martinez
Herman Martinez
PREMIUM
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Most Texas Distict Attorney offices would not allow to happen. Perhaps, your county is different.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You are facing 20 years in the state penitentiary so you need a criminal defense attorney NO MATTER WHAT the statement contains. It could be 100% bogus and you would still need an attorney. A proper defense in this sort of case can easily cost more than a new car. You won't be able to use either a car or a house in the pen.

To answer your question, the rules regarding your access to the evidence are found in Article 39.14 of the Texas Code of Criminal Procedure. The first sentence of 39.14(a) contains references to other statutes that include discovery exceptions for child sex abuse cases and 39.14(d) limits copies of evidence to "pro se" defendants which is just a fancy way to say people who are trying to represent themselves.

You wouldn't attempt D-I-Y heart surgery so why would you consider a D-I-Y felony defense?

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

A: You need an attorney in this matter, and the DA will provide all documentation to him/her. The evidence in the State's possession will be provided directly to you only if you choose to represent yourself.

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