New Braunfels, TX asked in Criminal Law for Texas

Q: If lawyer withdraws from case and does not turn in discovery pakage

A court appointed lawyer has no discovery on case

Related Topics:
3 Lawyer Answers
Chad Zubi
Chad Zubi
Answered
  • Criminal Law Lawyer
  • Humble, TX
  • Licensed in Texas

A: It sounds like, if you don’t already have a lawyer, you should consider trying to find a way to get another lawyer, to review any discovery produced by the state and proceed with your case.

Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: In criminal cases, Defense lawyers are entitled to get copies of the State’s evidence under Article 39.14 of the Texas Code of Criminal Procedure. The Code allows the lawyer to show the evidence to the client, but does not allow the lawyer to make copies for the client.

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

A: The lawyer's file belongs to the client EXCEPT not copies of discovery provided by the state. In other words, if the former attorney acquired any evidence through other channels, the defendant can request THAT from the former attorney ... but that attorney is forbidden from providing copies of any discovery acquired via 39.14 Tx CCP.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.