Legal Question in Criminal Law in Texas
Incarceration
Ok my husband was recently arrested for deadly conduct right now he has a public defender cause we have no money for a real lawyer and we notified his public defender telling him he has proof he we was not in the state of texas around the time it happened he was in the hospital so how can we go about getting his medical records saying he was in oklahoma's hospital at the time of the incident and if i ask for an examination trial wouldnt they have to have proof besides a witness
1 Answer from Attorneys
Re: Incarceration
First, attorney's who are employed by a public defender's office are "real" lawyers. Most are highly experienced and all are respected members of the bar. Second, an examining trial is basically an opportunity to attack probable cause elements of the case. Its impossible to comment, without knowing more, on what kind of evidence the state would need to establish probable cause in your husband's case. However, a witness should be sufficient to establish PC. Your husband should consut with his attorney about the mechanisms for obtaining evidence from third parties.
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