Legal Question in Criminal Law in Texas

I am the accused and if i don't feel my lawyer is handling the case properly. i can't fire him, because it is so far into the case that i can't afford to put such a large down payment on another lawyer. so with that being said can i make a motion to the d.a. or the appointed judge? because i was not given the opportunity for an examining trial till after i was indicted.


Asked on 9/09/09, 7:12 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

well, if you want to start filing your own motions, you are always free to fire your attorney and represent yourself. I would not suggest doing so, but you always have that option.

If your only complaint is regarding an examining trial, then i would disagree with your assessment. Examining trials are hardly ever actually used. Examining trials are only available when there has been no indictment, and their purpose is to determine probable cause basically, the same function the grand jury performs. Once an indictment is handed down, there is no option for an examining trial. In practice, if an examining trial is ever requested, the DA simply runs to the grand jury and gets an indictment before an examining trial takes place. I have never had an examining trial and the only lawyers i know who have ever managed to get one occurred over many, many years ago.

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Answered on 9/17/09, 12:24 am


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