Legal Question in Criminal Law in Texas

I am an indigent defendent in a misdemeanor assault case . the state plans to use my previous out of state records against me ( pertaining to credibility of testimony and past convictions).I maintain i was the party assaulted and the plaintiff has prior conviction for assault on a public servant. my attorney says this cannot be brought up because i dont have the money to get his court records.being indigent,does the state or my court appointed attorney not have to provide me with this evidence for my defense.And if not how can the state use the same evidence that i am denied access to,to convict and sentence me?


Asked on 5/16/11, 10:51 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

This question has been answered several times.

You are not being denied access. Your appointed lawyer can get the records or you can get the records by making a written request and payment to the district clerk's office where the case was. But, the records are not needed to impeach the witness - a question can be asked and if the witness lies then the state has a duty to correct it. You are not being denied access to a public record.

The complainant's prior would only be admissible if it is a felony, not if it was reduced to a misdemeanor.

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Answered on 5/16/11, 1:41 pm


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