Legal Question in Criminal Law in Texas

Lack of evidense

Son is going to court accussed of a Criminal Mischief, he didn't do. We know where he was at all times but yet our(dad, mom and grandmother) statements won't be taken or used to show he couldn't have done the crime. There are ONLY statements written by people claiming ''he told them'' he did the crime, which he didn't tell anyone this. There is one statement saying he didn't do it and that, one of the other people who wrote a statement, did in fact do the crime. There is no physical evidence nor did anyone SEE my son do this crime. There was an officer called to the address earlier in the night who surely would have seen the damage had my son bee the one who caused it. He has a court appointed lawyer and she doesn't seem to care one way or the other if he is innocent or not. Can the court lawfully convict him of a crime there is no evidence in? Are the statements all the evidence they need to convict him or are his rights in some way being violated?


Asked on 5/31/04, 3:50 pm

1 Answer from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: Lack of evidense

I understand your concerns and hope that everything turns out okay for your son.

As for the evidentiary issues you have raised, it's understandable why you would be upset about the fact that no one is really listening to your concerns regarding the evidence, but you must understand that the examination of evidence generally does not occur pre-trial. If you beleive that the evidence is flimsy then an option would be to go to trial. Although, there are risk with proceeding to trial. Without trial your options are limited to entering a plea in exhange for a plea agreeement.

If you have any other questions or concerns please feel free to contact me at 210-200-8411.

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Answered on 5/31/04, 6:13 pm


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