In a case where they used gps on a vehicle to track person wouldn’t prosecution have to make it available for the defense in discovery ? her suppression was denied but the warrant could have shown premeditation for the traffic stop ! Cop said I was going to pull you over anyway but lied on the stand
No, not unless it was specifically requested and improperly withheld. The prosecution only has a duty to proactively provide the defense attorney copies of any exculpatory, mitigating, or impeachment evidence. Copies of other evidence are only provided if the defense attorney first makes a timely...Read more »
You email judge but he refuses to reassign another one. Calling the BAR doesnt help my case, n wld only piss them off. Im not looking to file a complaint, i just want a lawyer who's not disgruntled. I understand that im just another case to them, but for someone whos never been caught up in... Read more »
Well you actually seem to be complaining about someone who probably isn't even your lawyer anymore. I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for...Read more »
If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be...Read more »
Defense attorneys often represent victims of crimes to ensure their rights are protected and they are being treated fairly within the system. The prosecutor is also a representative of sorts for victims as they are the Peoples attorney as well. However, a defense attorney for a defendant in a...Read more »
In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the...Read more »
He was arrested for dwi in 2018. He is diabetic and police wanted to take blood to get his BAC. The cop tried to draw his blood himself in the police station himself and kept missing his vein. He has been waiting since 2018 to get a court date and it kept getting pushed out. We finally found out... Read more »
What should you do now that your boyfriend's case has been "dropped"? You both should thank your lucky stars that the nightmare is over. If you think about suing the police, go talk to a civil rights attorney. I doubt you'd be able to get a good lawyer to take the case without...Read more »
The manger picked the phone up and put it down so I would stop calling i did call a lot I couldn’t leave a voicemail it was full I had a medical referral question she than processed to have a full conversation with a coworker while I was left on the line in my irrational I recorded the... Read more »
Yes, or it is close enough for "probable cause" to justify criminal charges. That said, your intent is an element of the offense AND you can also raise an affirmative defense based on the fact that a party to the communication consented to the recording by intentionally leaving the line...Read more »
Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »
i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »
I live in Texas and me and my wife are separated but not divorced she still had all my property at her house I had a detective called me and told me that if I show up there I will be arrested for criminal trespassing can I legally do this even though she’s in possession of all my clothes and... Read more »
You can be arrested and charged with any offense that the detective believes you committed. If that happens, a proper defense will be stressful and expensive. You would be wise to spend your time and money on a divorce attorney to get access to your stuff in a manner approved by the court rather...Read more »
he was my x brother in law he told me to step out of the vehicle patted me down then stuck his hands in my pockets then searched my vehicle i had a cigarette pack and he snatched it from me and found drugs inside the pack he had no reason to do any of this other than to harass me because we never... Read more »
Well, if your ex-brother-in-law didn't have a legal reason to pull you over, then your rights may well have been violated. Even if he had reason for the stop, if you didn't consent to the search of your vehicle and he had no probable cause independent of consent, again, you may have a...Read more »
Just a thought experiment, but needed to be asked. Understandably, it would be difficult for a private citizen to file suit against the hordes of unvaxed choking the health care system, much like the novel SB8's workaround. While I understand the concept of sovereign immunity, I still... Read more »
It’s all a big giant scary mess. I cringe every time I see political leaders on TV saying parents, the vast majority of which are not virologists and probably do not even own microscopes, should decide whether vaccines are in the best interest of their children. What if parents decide they should...Read more »
Personal property may not be removed without a search warrant. Personal property such as cars that have not been moved may violate local ordinances. They can be removed once the owner has received notice to remove, and there has either been a hearing or the person has not responded. If it was...Read more »
I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »
Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...Read more »
If its oversight is by TDCJ-ID, the halfway house operator, more likely than not, has to follow guidelines that TDCJ-ID issues. Are you in the process of being released on Parole from TDCJ-ID? It sounds like you have been released to a transitional type facility. If so, you have to follow their...Read more »
I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... Read more »
If anyone can fix the conviction, it will be an expert in criminal appeals, and that will be expensive. However, if you were granted a pardon by the Governor of Texas, then you could file for an expunction of the records. That might be just as good of a result, depending on your goals....Read more »
An officer can investigate a person sleeping in their car to make sure they are safe and not in medical distress but they shouldn't be searching without consent unless they saw or smelled something during the initial investigation that indicated a crime.
Cause number cr172821. I told them to recheck warrant and I had paperwork from dismissal. Told them the jail refunded my bond in full so I know it was dismissed before arraaigned. Rude and hateful refused to acknowledge I was even present other than to laugh and tighten cuffs and take me to jail.... Read more »
Consult an attorney who files lawsuits in federal court against law enforcement for civil rights violations under "Section 1983." It is doubtful you will find such an attorney in Midland... you're probably talking about an attorney from a city with millions of residents. The good...Read more »
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