Caddo Mills, TX asked in Criminal Law for Texas

Q: If I'm defending myself in a harassment case misdemeanor Class C I allowed my discovery from county attorney

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

A: The prosecution MUST give a defendant discovery if he or she makes a request in accordance with 39.14 Texas Code of Criminal Procedure. "We don't do that here" and "this is our standard discovery package" are not valid responses to a timely request. In fact, a class C defendant could technically drop a multi-page request on them that is worthy of a felony, and then ask the judge for a hearing on the evidence the prosecution chooses to withhold or redact. But if the state doesn't want to play ball, the defense will get rule-booked and home-teamed to a level some attorneys can't handle... so good luck doing it yourself.

I like to file a copy of the discovery request* with the court clerk's office on the same day it is delivered to the prosecution.

* Including a certificate of service.

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