Houston, TX asked in Criminal Law for Texas

Q: Who can I have prove to the courts that a photo had been tampered with?

My brother is getting charged with Manufacture & delivery Enhanced first-degree felony for a controlled substance. His lawyer he paid for withdraw himself from the case. They said they have him on video selling to someone. They sent him two screenshots of the video and said they can't show him anymore. But the pictures are obviously tampered with. His lawyer said it will be too much money to get someone to look into it. Plus he was in jail around the time they said he sold to an informant. They won't give a correct date but they said between the 25 and 29 back in 2019 is when he made the sell.

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1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: Sorry to hear about your brother.

Your questions are many, so I can only give you short answers with this forum.

Your brother ( any defendant ) is entitled to know exactly what crime he is charged with, including where and when. If it is not in the Indictment, you can make a motion for a bill of particulars or other details. Brother is also entitled to ALL evidence against him and not just some of it. What's more is if your brother can not afford a video expert, the court must appoint one for him. This should have been done by his lawyer. I would get certified proof or subpoena from the jail with exact dates he was in jail.

Unfortunately it sounds like your prior lawyer was not trying too hard. You should hire a new lawyer who is motivated and experienced. It is not right how they have been treating your brother.

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