The Legal Limit

Friday, February 28, 2014

Can my son request to see the motion of discovery before he takes a plea bargain?

Question:

Can my son request to see the motion of discovery before he takes a plea bargain?

                                                                   

My son seen his lawyer and was offered 2 yrs . jail time saying they have pictures but my son hasn't seen them. Can he request to see the pictures and who reported the incidence legally.My sons PO didn't recommend for probation but he got it anyway . His po hung her head down and told him she would get him. His court was the 19th of June and she called him in on the 27th and arrested him because someone saw him and took pictures of him coming out of a grocery store with beer. They are making such of a big thing out of something so little. He is disable because of a (mental disorder)he is bipolar and doesn't understand a lot and I can not be there to help this time because he is in jail. I've tried to call his lawyer but he will not return my phone calls.

ANSWER:

Your son has a right to review all the discovery with his attorney. Some counties have open discovery policies and some have closed. 
If it's closed the your son can actually be transported to the court or to the district attorney's office to review the discovery at their designated location. 

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Posted by PlattenLaw at 9:48 PM
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EDUCATION Texas A&M University School of Law http://law.tamu.edu/ University of Texas System, Tyler Criminal Justice and Speech Bachelor of Science AWARDS Award Name 10 Best Criminal Attorney's in Texas 2014 American Institute of Criminal Law Attorney's Client's Choice Award AVVO 2014 Top Contributor Award AVVO 2014 Client Choice Award AVVO 2013 Top Contributor AVVO 2013 People's Choice AVVO 2012 Top Contributor AVVO 2012 Mastering Scientific Evidence National College of DUI Defense/TCDLA 2005 Intoxilyzer 5000 Maintence Tech/Operator Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida 2003 FST Standardized Field Sobriety Testing Walden Platt and Associates 2002 Criminal Defense Trial Lawyers College 2001 TylerJustice.com

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PlattenLaw
Texas
EDUCATION Texas A&M University School of Law http://law.tamu.edu/ University of Texas System, Tyler Criminal Justice and Speech Bachelor of Science AWARDS Award Name 10 Best Criminal Attorney's in Texas 2014 American Institute of Criminal Law Attorney's Client's Choice Award AVVO 2014 Top Contributor Award AVVO 2014 Client Choice Award AVVO 2013 Top Contributor AVVO 2013 People's Choice AVVO 2012 Top Contributor AVVO 2012 Mastering Scientific Evidence National College of DUI Defense/TCDLA 2005 Intoxilyzer 5000 Maintence Tech/Operator Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida 2003 FST Standardized Field Sobriety Testing Walden Platt and Associates 2002 Criminal Defense Trial Lawyers College 2001 TylerJustice.com
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