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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87228
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i spoke with da in a criminal case. there are 2 reports 1 printed

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i spoke with da in a criminal case. there are 2 reports 1 printed and 1 handwritten. i was wanting the jury to see the different versions i did a
pre admit motion. the da told me i couldn't use them because they are heresay
i asked her if i could question the differences and she said very limited.
what is she talking about. texas
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Ely replied 10 months ago.
Hello and thank you for requesting me.

Is this related to your prior matter of the 17 year old living under your roof, or not?
Customer: replied 10 months ago.

yes.


csae involves me kicking both out of my house. cops bcome in after 17yr old took her key and let them in. the da charge me with assault by contact


because i pushed mom. even though he states she wasn't hurt. they still filed on me. his report he tries to frame me by stating i used my hands fist and feet. i wanted the jury to see that report

Expert:  Ely replied 10 months ago.
Thank you, XXXXX XXXXX am sorry to hear things escalated.

You have the right to see any evidence/documentation if it is part of the case file that the DA or the police have. However, the issue is that unless the DA allows you to see it freely (called 'open locker discovery policy' in Texas) and/or the police provide a copy (I doubt it) then the defendant (i.e. you) has to file a special discovery motion via his attorney against the DA to get the evidence. For the police, a subpoena must be filed.

So you have this right, but it must be done by your attorney.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.


i got a printed copy from the sheriffs' department and viewed the handwritten version at the court house, i am pro se. i am trying to


use it against the sheriff because the printed version varies a lot


from the hand written version. the da says they can only be used


on a limited basis because its hearsay.

Expert:  Ely replied 10 months ago.
Apologies for the wait. What exactly are you charged with, please?
Customer: replied 10 months ago.

assault by contact. in officers report he states under means of attack


he prints hands fist and feet (aggrevated assault) the hand written report


he leaves means of attack blank

Expert:  Ely replied 10 months ago.
Class A misdemeanor?
Customer: replied 10 months ago.


i am charged with class c misdeamnor (400 max fine)


the officer knew that. but in his printed report he is


trying to show class b aggrevated assault. i think that


evidence needs to be showed to the jury how this cop


is trying to frame me and make it look worse than it was

Expert:  Ely replied 10 months ago.
Thank you.

Okay, one is not mandated an attorney unless facing a possible sentence of 6+ months in jail.

Now, tell me:

Do you want to get something that the DA has, or, something that the police have?
Customer: replied 10 months ago.


since i have a printed copy and i have seen the written copy


i was wanting to show the jury that his reports vary differently


 


i don't need anything from them since i've seen them both


but da contacted me about my preadmit motion and asked


me why i wanted to use it at trial because it was heresay


and she went on to say that it could only be used on a


limited basis because the reports are heresay only.

Expert:  Ely replied 10 months ago.
Okay, I see. My apologies. I think we misunderstood each other.

See here for hearsay rules. Also, see here.

She is claiming that it is hearsay. However, you can claim that it is not. It all depends on these rules. The JUDGE decides, not the DA. So her simply stating it so does not automatically make it so, although I have a feeling that she is likely correct based on what you are telling me...

One can still attempt to utilize the evidence, but, the DA may object, and then, the Court would rule on this matter (whether the DA brings this up at a hearing prior to trial, or, at trial, once one attempts to introduce the evidence).

One should use severe caution here. Representing one's self in a criminal matter is - for the lack of a better word - dangerous. While the Assistant District Attorney (ADA, DA, etc) in this case is a professional and will not engage in any questionable behavior, understand that they are also a highly skilled attorney whose job it is to prosecute. As such, going pro se (i.e. without counsel) puts a Defendant at a severe disadvantage. Please consider retaining counsel.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87228
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Criminal Law Specialists are ready to help you

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