Summary
Pre-indictment discovery in Texas is governed by Article 39.14 of the Texas Code of Criminal Procedure, focusing on specific exculpatory evidence. The defendants attorney can generally view charging documents, but access may vary. Necessary charging instruments for an indictment include the indictment document, grand jury approval, and offense details. If a court-appointed lawyer refuses to provide documents, you can formally request them, file a motion, and serve it to the lawyer and prosecution. A sample motion includes references to Article 39.14, Brady v. Maryland, and United States v. Agurs, supporting the request for access to necessary documents for defense preparation.Full Conversation
Bell county Texas what governs pre indictment discovery also should the defendants attorney be able to view this charging documents whith the defendant preinditment
In Texas, pre-indictment discovery is governed by the Texas Code of Criminal Procedure. Here are some key points:
- Article *.* governs discovery in criminal cases.
- Pre-indictment discovery is limited and typically focuses on specific evidence that might be exculpatory.
- The defendant's attorney can generally view charging documents, but the extent of access pre-indictment can vary.
Could you clarify if there are specifics you are looking for regarding the charging documents?
What would would be the nassasary charging instamente for a indictment in bell county Texas
In Bell County, Texas, a necessary charging instrument for an indictment typically includes:
- The Indictment Document: A formal accusation that a person has committed a crime.
- Grand Jury Approval: The grand jury must approve the charges.
- Details of the Offense: Specific information about the alleged crime, including dates, times, and involved parties.
Would you like more information on how to obtain these documents?
Yes the court appointed layer refius
It seems your court-appointed lawyer is refusing to provide necessary documents. You have the right to access these documents for your defense. Here are some steps you can take:
- Request the documents formally: Submit a written request to your lawyer or the court.
- File a motion: If your lawyer continues to refuse, file a motion with the court asking for the documents.
Would you like more information on how to file a motion?
Yes
To file a motion for access to necessary documents:
- Draft the Motion: Clearly state your request and the reasons for needing the documents.
- Submit the Motion: File it with the court clerk.
- Serve the Motion: Provide a copy to your lawyer and the prosecution.
Would you like guidance on drafting the motion?
Can you draft a sample moition for bell county Texas district court texas as well as bell country court of law also could you use examples of binding case law and statute to support said moition
Sure, Hanna! Below is a sample motion for Bell County, Texas District Court and Bell County Court of Law, including references to binding case law and statutes.
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Bell County District Court or Bell County Court of Law
Sample Motion for Access to Necessary Documents
Cause No. [Insert Case Number]
State of Texas vs. [Your Name]
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