Q: I need copies of the victim statements that were used against me in a conviction for attempted indecency with a child.
The conviction was in 2000. The state refuses to give me copies under the public information act.
A: Thanks for your question. Unfortunately the State Var has sided with the prosecution when it comes to providing statements to defendants. Under the Texas Ethical Rules of Conduct for lawyers the prosecution is allowed to demand that defense lawyers NOT give copies of statements the state provides. If we allow Defendant's to have a copy of statements provided the Defense lawyer can be prosecuted. I for one resent being told what I can, or cannot provide to my clients. The Great State of Texas has entrusted me with a license to practice law but I guess I am not intelligent to discern reports that ought not be shared with some people.
The Constitution demands that you have the right to see all evidence against you but somehow a way is found to circumvent that sacred document our Country was built upon. Some people even lose their absolute right to bear arms for felony convictions that have NOTHING to do with the conviction. There is no hearing to take away the gun rights, a felony just automatically abolished gun rights. The rights our founding fathers fought so hard for are steadily being chipped away.
The Constitution also demanded NO DEBTORS PRISON! Hogwash; ask those thousands being jailed for not being able to pay child support or unable to pay traffic fines.
You are forbidden from having a copy of the statement, BUT, you are supposed to be able to review the document at your lawyer's office or the DA's office. You may need to contact the Attorney General's Office if the DA's office WILL NOT PLAY NICE. Good luckt oyou and I hope things work out.
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