Q: Freedom of Information Act in state of Tx. Can an inmate or family of inmate request such info from county office?
Inmate or family of request the state information regarding his case. Would we go directly to the DA office or Bexar County Clerks office? We are mainly seeking the documented information of the plea deals that were offered during pretrial, during trial as well as deliberations.
A: Appeals have very specific time lines and requirements. You should consult with an attorney, (our first consultation is free) and we will let you know what your options. Some of the information that you are seeking cannot be found at the District Clerk's office and can only be discovered by an attorney who is representing your loved one. It might be that you need to appeal your loved one's case, or you may need to file what is called a writ alleging constitutional error. At any rate, it would help to sit down one on one with an attorney and discuss potential strategies for overturning your loved one's conviction. We practice in Bexar County and would be glad to sit down and discuss this with you.
A: There are a bunch of exceptions to the Texas Public Information Act that allow withholding or redacting of documents. Those exceptions do not necessarily apply to information demanded via discovery or subpoena.
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