Legal Question in Criminal Law in Texas

Discovery

My son received a class C misdemeanor ticket for discharging fireworks in the city limit, which is not found in the city code. We go to trial on July 7, I requested from the prosecutor discovery of all and any evidence including witnesses he had and never heard back from him. Is this grounds for dismissal of the case?


Asked on 6/29/09, 6:33 pm

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: Discovery

requesting something from the prosecutor wont help you. You would need to get a discovery order signed by the judge to have any weight.

As far as not finding discharge of fireworks in the city code, they appear to be prohibited by the Garland City ordinances. I am guessing the charge is in Garland based on your zip code, and 3301.1.3 specifically prohibits fireworks.

I do not think you are going to have the case dismissed on those grounds.

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Answered on 6/29/09, 6:52 pm
adrienne dunn Law Office of Adrienne Dunn

Re: Discovery

No. First, without a court order, the state is under no obligation to produce discovery. Second, even if there is a court order, the remedy for failure to comply with the discovery order is not dismissal, but perhaps a continuance or supression of the evidence which the state wanted to submit. You should really have a lawyer if you are having a trial.

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Answered on 6/30/09, 10:46 am


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