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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17319
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I HAVE A ASSAULT BY CONTACT IN TEXAS. THERE ARE 2 REPORTS 1

Resolved Question:

I HAVE A ASSAULT BY CONTACT IN TEXAS. THERE ARE 2 REPORTS 1 PRINTED AND ONE HAND WRITTEN BY OFFICER. THE REPORTS ARE FLAWED A LOT ONE PRINTED SAY
UNDER MEANS OF ATTACK HANDS FIST AND FEET (AGGREVATED ASSAULT)

IN HAND WRITTEN STATEMENT HE STATES I TRIED TO TALK TO HIM BUT HE YELLED AT ME
IN PRINTED STATEMENT HE STATES I TRIED TO TALK TO HIM BUT HE PRETENDED TO BE
ASLEEP. BOTH STATEMENT NEVER INCLUDE THATHE HAD ANOTHHER OFFICER WITH HIM.

I AM THINKING OF FILING A MOTION TO DISMISS. BUT THIS STATE HAS A NO DROP
RULE BASED ON THE MAJOR FLAWS IN BOTH REPORTS. I KNOW I CAN FILE MOTION TO SUPPRESS. TO ME I DON'T THINK DA WANTS TO CONTINUE BECAUSE THEY HAD TO
GIVE ME OTHER OFFICERS NAME BY DISCOVERY
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi,

My name is XXXXX XXXXX I am a criminal lawyer.

If you are asking whether you can file a motion to dismiss based on inconsistencies in the police report, the answer is that you can file one but the odds of getting the case dismissed on those grounds are slim. Disputes as to the facts fo a case are what trials are all about, and the judge will probably want the matter litigated so that he can hear all of the evidence.

The motion to suppress would be your better bet. In general, the fact that the DA had to give up the names of its officers with regard to an incident is his professional obligation to the defense and not any sign that he doesn't want to continue a case. When the DA doesn't want to continue a case, in my experience he will dismiss it or reduce it low enough to make you an offer you couldn't possibly refuse.
Customer: replied 1 year ago.

if i get a suppression on those flawed reports. what would happen in court


can the officer still make a statement. i don't think da can go any lower its


a class c and carries 400 max fine.

Expert:  Zoey_ JD replied 1 year ago.
Hi John,

You're right. In Texas, the class C is as low as it gets unless he'd give it to you as a deferral in which case it gets disimssed at the end.

I don't have enough information on the case to know what you'd be trying to get suppressed. The reports don't usually come in. So what is it you're looking to suppress?
Customer: replied 1 year ago.

the officer filled out an written offense report . that report was in the file at court house. the 2nd report i ordered from the officer legal department


it is printed. they both have different versions

Expert:  Zoey_ JD replied 1 year ago.

Hi,

Yes, but here's the thing:

To be convicted you have to be proved guilty beyond a reasonable doubt. The clash of details in the police reports can possibly make a judge or jury see doubt at trial. So why would you want to suppress them? The only way a jury sees that they conflict is if they come in at your trial.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17319
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.