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

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3 Lawyer Answers
Chad Zubi
Chad Zubi
Answered
  • Criminal Law Lawyer
  • Kingwood, 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.

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