Q: TEXAS: If a case is dismissed due to Brady Rule violations, is The State (county D.A.) or city P.D. required to keep..
(continued from above) ...on-file all evidence (bodycams, witness statements/police report, sworn accusation, etc) until the SECOND ANNIVERSARY AFTER DATE OF ARREST (or longer)? Basically...as a pro se defendant who won, as I take my time finding an ATTORNEY WHO CAN SUE THE CITY & D.A. IN FEDERAL COURTS...are they required to keep the evidence of their OTHER illegalities (other than Brady Rule...yes these locals are THAT screwed up :-) Certain employees apparently violated Brady INTENTIONALLY to coverup cops' unlawful arrest... BRAZORIA...) required to retain the evidence, despite that it has now become evidence AGAINST themselves & their employees? Thanks,
and
if you're allowed to represent me in FEDERAL CIVIL courts, pls let me know your email address.
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A:
In Texas, evidence retention laws vary depending on the type of case and the governing statutes. However, even if a case is dismissed due to Brady violations, the obligation to preserve evidence may still apply, especially if there is a potential civil case or ongoing legal dispute. The state's retention policies often require evidence to be kept for a specific period, and two years is commonly referenced. This can also extend longer if there are civil rights claims or other federal cases involved.
If you are planning to file a civil lawsuit, particularly in federal court, it is crucial to ensure that the relevant evidence is not destroyed. You might want to send a formal "spoliation letter" to the city and district attorney’s office, informing them that the evidence is critical to a future case and must be preserved. This puts them on notice and can have legal consequences if they fail to comply.
While you take your time finding the right attorney, keep track of any deadlines, especially those related to evidence preservation and statute of limitations for filing civil rights claims. This way, you can ensure the evidence is retained and available for your case when you move forward.
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