Legal Question in Criminal Law in Texas

local authorities have no evidence, no witness willing to testify, and no victim. However they have held the defendant in county jail for two plus months. The supposed charges are assault. the court appointed lawyer is personal friends with the D.A. and says the D.A. has it in for the defendant, has denied access to an affidavit of non-prosecution, and will not share information as directed by the defendant. is this false imprisonment, personal vendetta on the part of the D.A. , and ethics and bar violations?


Asked on 9/22/09, 5:06 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The short answer to your question is that if you don't like the job your lawyer is doing, ask the court to appoint another attorney. How the lawyers feel about each other or how the DA feels about you is not important. What is important is whether the DA can prove his case beyond a reasonable doubt. If the defense lawyer files a motion requesting that the DA provide exculpatory material, the DA is obligated to provide it to your attorney.

All defendants have a right to a jury trial. To ensure that a defendant appears at that trial, the DA can hold a defendant in jail. However defenants are entitled to have reasonable amounts of bail set so they can put up money or purchase a bond to secure their presence in court.

Read more
Answered on 9/27/09, 6:49 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas