Legal Question in Legal Ethics in Texas
I was charged with Assault causing Bodily Injury in Texas. My court-appointed lawyer has told me that there's really nothing he can do until we go to court (to plead not guilty). He said until then, he doesn't have access to the police report, or any other information. I have been told by others that this is not true and the police report can be obtained from the station for a small fee. Is he lying to me?
Also, he does not even want to work on my case until we go to court to plead not guilty, which is a month from now. He answers my specific questions, but that is all. He has nothing to add. I even found out the alleged victim can sign an affidavit of non-prosecution myself, and he said it might be a good idea. He would not have mentioned this otherwise. I feel he should be working to get my case dismissed before it goes to court. Is what he's doing malpractice?
1 Answer from Attorneys
No one can obtain a copy of an offense report of a pending case except the cops, prosecutors, and in most counties the defense lawyer at some point. In some counties, there is no advanced viewing of the report while in others it is immediate. So, the "others" are wrong.
Not having seen your offense report, your lawyer cannot provide much information to you other than the basics. After seeing the report, the lawyer will have more information to share and the report will likely cause the lawyer to have some questions for you.
Yes, a complainant can sign an affidavit of non-prosecution but these are generally of very little value. Most prosecutors give little consideration to them in most instances.
Without knowing what the precise allegations are, there is not much to do to "work" to get your case dismissed.
No, it is not malpractice.
If you do not like the work the lawyer is doing or not doing, then you do have the option of hiring a lawyer to substitute in and take over representation.
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