I have been charged not tried for improper photography (Texas) as part of my separate civil matter. Sworn testimony was provided by the criminal investigator / lead detective that he had no evidence that I was the person who took the pictures/videos. Wouldn’t this testimony make the DA drop the charges when confronted with this testimony? The person who is accusing me of this has also been previously arrested for filing a false police report. Shouldn’t my attorney have already been knocking on his door to get this dismissed? I have had GPS unit on my ankle for a few months now and I always need to hide it from my employees. They also want us to install monitoring software on all office computers which I disagree with 100%. My criminal attorney won’t get back with me and my business is being put in jeopardy for no reason? I feel like I am being violated on so many levels.
State/Country relating to question: Texas
Hi Jacustomer,It's always tough to judge the merits of a case when one does not have access to the defendant, the court papers, any discovery or the DA. On this surface, it looks like they may have no case against you., and, yes, that is something that your attorney ought to be addressing. On the other hand, maybe he has already taken that up with the DA and been assured that the state feels otherwise.The state is entitled to prove their case circumstantially and sometimes, depending upon what evidence they have, the DA can mount a very strong case. If all they have is an investigator who can discuss what happened but not who was responsible for it and a witness whose credibility is suspect, however, it sounds like a weak case. But the DA is entitled to believe the complainant, so whether or not he is lying this time would be a matter for a jury to decide.In any case, it's clear that you're unable to reach your lawyer and that you therefore have legitimate reservations over whether he is doing anything at all on your behalf. He should be willing to talk to you and to tell you why he hasn't moved to dismiss your case. And he should be able to give you a response that makes good sense and that shows that he's carefully considered the options, even if you disagree with his conclusion. He should also be conferring with the DA about the matter of the computer software and its effect on the business. If he's not providing you with any of that, the only real answer is to get yourself a new lawyer.FranL41104.6152055208
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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I tried to send the page where you have a lead detective say that there isn't proof of me committing any crime or what my wife is alleging. Also, the charges (improper photography) are from 2009. She "found" two flash drives when I was court ordered to not be in the property when she came to pick up her belongings. She was previously arrested for filing a false police report against me. Then at court the detective made an illegal seizure of my phone. No charges resulted from this seizure but my wife has more time to create and fish for anything that could potentially help her in our child custody battle. I am well into six figures thus far so I believe my criminal attorney is not being aggressive enough. As of the other day, he hadn't gone back to the DA to show him the detective's testimony and discovery had not been fully completed. When I talk to his office they just talk about "the trial" and there shouldn't even be a trial. My civil case is now going to be after the criminal since she has manipulated the court system against me once again. I have a business that is being jeopordized as I have GPS unit on my damn ankle and they want me to install (pretrial services) computer monitoring software which talks a lot about children? This can't be correct seeing that they don't even have any proof against me? Do I need a more aggressive attorney who will fight for me and possibly make threats of suing if this is dropped? They are attacking everything and I have no leverage until this is dismissed. Please help.
Hi,It certainly does sound like you are being outmaneuvered, and I'm sorry to hear that. However, the detective's testimony is neither favorable nor unfavorable to you He simply knows nothing to a certainty than that the pictures are on the phone. Who put them there would be a matter for the jury to determine if/when the case goes to trial. They will be the ones who will evaluate all the evidence and determine whether it's more likely that someone put them on the phone without your knowlege or whether you diid. The DA would never move to dismiss a case on the basis of what this detective said because while it doesn't hurt your case at all, it is not exculpatory either. Exculpatory evidence would completely exonorate you. All the same, a more aggressive lawyer might be more proactive than yours is currently.
My wife did and they are using the phone when it was an illegal seizure. Is that legal?
Hi,I'm not sure what you mean. Are you saying that at the time your phone was seized by the police it was in the hands of your wife? If so, while that may or may not have been a legal search, you would want that to come in if there was a trial because it would show her access and tie in nicely with what the detective said. If you challenge the search on your criminal matter, the judge would be the one to decide if the evidence showed that the police violated your rights. But if the search were unlawful, the phone would not come in. Without knowledge of what the officer who conducted the search would say, I wouldn't have a clue as to which way a hearing would go. The judge has to look at the facts according to a standard set by the US Supreme Court, namely, what would a reasonable police officer have done under all te facts and circumstances.
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