Criminal Law Questions? Ask a Criminal Lawyer.
The main reason the Judge will not let you represent yourself in the pre-trial phase, is because you have no legal training. The Judge does not want a situation to occur, where your inability to understand the Texas Rules of Criminal Procedure, have a negative impact on your case. For you to represent yourself through the pre-trial phase and not be able to prepare for a trial, would be a waste of time for the court. An attorney handles a case from start to finish and uses the time between court dates to complete discovery and prepare a defense for trial. If there is not a trial, then a plea bargain with the State. The Prosecutor will not talk with a defendant who is unrepresented. The system wants to make sure, you are not taken advantage of and do not say anything to strengthen the Prosecutors case. If the State is seeking jail time and you cant afford a private attorney, you can be appointed the public defender. As far as the police reports, that is part of the discovery process. You must make a demand for discovery and be willing to participate as well. This is a motion your attorney can file and the State has the obligation of turning all evidence over to your attorney. If the Judge decides you are capable of defending yourself, you can file a motion to compel discovery and the Prosecutor will be obligated to provide it to you. Finally, the Judge has ever right to make a condition of your bond, that you be drug tested. Depending on the crime you are charged with and the risk that you may use drugs, the Judge can order it as a special condition of release. If you test positive, it will not effect your court case, but will result in you being held without a bond.
A motion to suppress is filed when there is no legal basis to support a police officers actions and as a result of those actions, they discover evidence of a crime. If the facts of your case show that the police had no right to enter your home and there is case law to support it, then this motion should be filed and argued by your attorney. Your attorney should know the law in Texas and if he/she does not, research it to support your argument. A defendant has every right to file as many motions that are dispositive of his case as he needs. I have no clue what your attorney is talking about, as to why you cant file a motion to dismiss / suppress if there is case law to support it. If the facts do not support a basis for the charge, then a motion to dismiss could be filed. This normally happens when a law is unconstitutional or the facts of the crime do not support the statute. There is not a court of law in the United States, who is going to dismiss/suppress any motion, just with your version of the story alone. There needs to be case law to support this. The Judge is going to tell you, this is a question of fact, so it needs to go before a jury. You can list your daughter and her friend as witnesses and have them testify. Your attorney will attempt to impeach their credibility and use it to support your version of the story. At trial, you will have a chance to tell your version of the story. It is not up to the prosecutor to decide if you are telling the truth or not. As far as the actions of the arresting police officer and your report, it should have been filed. One thing has nothing to do with the other. The officer had no right to speak with you about the facts of your drug case and if anything was said and used against you at trial, there would be ground to suppress those statements. The report should have been taken and filed. It is not up to this female officer, to decide if you can permission to your daughter to take the car.
The motion to suppress the illegal search and seizure of the drugs, will be focused upon your daughters apparent authority to allow the officers in the home and the reasonable belief the officers had, that she was able to invite them in, to search the property. The case law will focus on the roles of individuals in a home (i.e. a house guest vs someone who is in the home for 5 minutes) and what rights they have to allow someone in. There is United States Supreme Court law out there, which outlines this issue. The case law should be applied to the facts on your case. If the circumstances equate to a violation, then the evidence will be suppressed.
If the requirements of the drug testing are creating a substantial hardship on you, you should file a motion to reconsider the bond requirements. In the motion, you want to tell the Judge exactly what problems you are having and hopefully if you have been compliant with everything to date, the Judge may lift the drug testing as part of your release. The jail will provide proper medical attention but wont be there to cater to your every need. Normally, you fill out a medical questionnaire and the staff will evaluate it and give you the appropriate medical care. If you sit in jail until this case is resolved, you will get credit for any time in there. If this case is resolved by a plea agreement, you may have accumulated enough time, that you could be released.
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