Asked in DUI / DWI for Texas

Q: I was arrested 9/12/20. 3rd DWI. My court date is 11/2/20. My discovery has not released. my lawyer is from the court

I'm worried, being court appointed, I thought I would know what's going on right now. I need to know what my options are?

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3 Lawyer Answers
Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • DUI & DWI Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The court setting you mention is just the first time your case is set in court, not a trial setting. At the first setting, your lawyer will probably be given the discovery evidence in your case which you can then go over with him/her. Sometimes it takes a few days after the first setting to get the evidence. If the discovery is being provided onling, which it usually is, your lawyer (not you) will be allowed access to the evidence whcih he/she can then go over with you.

Don't worry, this is the normal procedure in Texas. Your lawyer cannot hurry the system and get the evidence earlier than the prosecution, following the law, gives it to him. Just stay in touch with your lawyer and make sure whether you must attend court in person on the first setting or if the attorney can request a re-set, call a pass, online without you having to go physically to court.

Roy Lee Warren agrees with this answer

1 user found this answer helpful

Grant St Julian III
Grant St Julian III
Answered
  • DUI & DWI Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If you do not have confidence in thee attorney that was appointed to represent you, you have the right to retain a private attorney. Start calling local lawyers. Good luck.

1 user found this answer helpful

Roy Lee Warren
Roy Lee Warren
Answered
  • DUI & DWI Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: I agree with Mr. Rogers. Before spending your money on a lawyer first research the lawyer appointed and understand nothing will happen before your fist date, typically an arraignment for a felony. Your 3rd offense could be a felony but get the advise of a lawyer about that first. Good luck,

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