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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29028
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Waco, TX Jury Trial Court to Appear (Note: The judge

Customer Question

Waco, TXJury Trial Court for Failure to Appear
(Note: The judge dismissed the speeding ticket, but not the Failure to Appear...The DSC Certificate of Course Completion was completed before the hearing, but was not submitted until after the hearing.)Please appropriately fill-in the blanks:Pursuant to __________, Defendant requests Plaintiff to answer the interrogatories and demands for production of documents herein,under oath, within __________ days after service.(Note: State the minimum days please, as the trial date is near.)Thank you!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Tex. R. Crim. P., Art. 39.14.

The statute only says "as soon as is practicable." In civil cases, the limit is 30 days, but that's a separate rule that doesn't apply here. They're supposed to get the documentation as quickly as they can.

There is no minimum time that a party can be required to return discovery. However, if the trial is within less than 30 days, then you have the option of filing a Motion to Continue to ensure that you get the documentation before the trial.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
is the Court required to provide a defendant a literal copy of the agreement to appear at a trial?
...The Court did not provide Defendant a copy of the agreement with her signature, but said that it provided a copy without the Defendant's signature; however, the Court does not have proof of service as the copy (without the signature) was supposedly provided to Defendant as she exited the courtroom.Hoping to give you a 5 for an excellent answer.Thank you, Lucy!
Expert:  Lucy, Esq. replied 1 year ago.

To convict a defendant of failure to appear, they have to be able to prove that the defendant promised to appear. A person who is handed a form and does not sign it has not made a promise, so the defendant could request that the failure to appear be dismissed for lack of evidence.

Customer: replied 1 year ago.
To clarify:The failure to appear was signed; however, the Court did not provide a copy with the signature, but rather says it gave a copy of the agreement with the checked box indicating agreement to appear, but it did not include the Defendant's signature. So, the Court did not provide a copy of the agreement that had her signature.After the Pre-Trial Hearing, the Defendant returned to the courtroom and the prosecutor notified Defendant she had 120 days to complete the Driving Safety Course, which she completed prior to the Trial-Hearing, but did not provide the Court a copy of the Certificate of Completion before the hearing because Defendant did not think she had to attend/appear....Defendant was informed the Court no longer provides an original copy because it saves time and money to have them pre-printed - without the signatures...So, it's just a form/copy of the agreement, but excludes her/Defendant's signature.
Expert:  Lucy, Esq. replied 1 year ago.

At trial, they can only get a conviction by producing the signed copy. They can only prove they have it by showing it in advance, and the rules of criminal procedure require that evidence against a criminal defendant be produced upon request. The defendant can object to introducing an unsigned copy at trial because it's not relevant, can object to introducing a signed copy because it wasn't provided during discovery, and in either case can then request that the case be dismissed for lack of evidence.

But the defendant should be getting his evidence from the district attorney, not the Court. To keep the signed copy from being entered into evidence, you need to ask the DA to produce it and have them refuse.

Expert:  Lucy, Esq. replied 1 year ago.

Please remember to go back and leave positive ratings so I am paid for all of the questions I have answered for you. This not only shows your appreciation for the time we spend assisting you instead of other customers, but also ensures that experts will be willing and able to answer questions for you in the future.

Customer: replied 1 year ago.
Thanks, Lucy,Please clarify:Although the Court claims a copy was provided to the Defendant, it admits the copy did not include the signature, as it was copied before the signature; so, please specify whether the Court is required to provide/serve a copy - with the Defendant's signature - to the Defendant. ...Defendant was provided a copy of the hand written offer, which he verbally accepted and then completed the Driving Safety Course prior to the Hearing, but did not produce a copy of the Certificate of Course Completion until after the Hearing because the prosecutor told him he had "120 days to complete the Driving Safety Course," as he exited the courtroom.Thank you.
Expert:  Lucy, Esq. replied 1 year ago.

If the case went to trial, they would have to produce a signed copy proving that the defendant agreed to appear. If the defendant agreed to accept an offer and settle the case, then he has waived the right to dispute the evidence presented to him before accepting the offer.

Customer: replied 1 year ago.
Lucy,Is the Court required to provide/serve the Defendant an original copy of the agreement - with his/her signature?Note: The Court claims it provided/served the Defendant a copy of the agreement, but it did not include Claimant's signature, because the copy was made prior to the signature.Please identify the precise statute that requires the Court to provide/serve a Defendant a copy of the agreement.Thank you.
Expert:  Lucy, Esq. replied 1 year ago.

This question is not a related follow-up to the one I originally agreed to answer, listed at the top of this page. Therefore, in order to provide you any more information, I am required by the terms and conditions of the site to ask that you rate this question positively and open a new one. This is the only way we get paid for the time spent answering questions.

If you are seeking the ability to ask multiple questions without paying for each one, you may want to speak to Customer Service about obtaining a monthly subscription.

Customer: replied 1 year ago.
Lucy,It's the same "duplicate" question, which you tried to split and have not provided the specific statute regarding the discovery procedure obligation for the party to answer the interrogatories
Expert:  Lucy, Esq. replied 1 year ago.

I have quoted and linked the statute at least three times, including previously in this thread. That is the only statute I can cite. I'm sorry. I PROMISE, if there were another one, I would tell you. It doesn't have a name. The citation was posted on Monday morning. All you need to do is scroll up to find it.

Customer: replied 1 year ago.
Hello Lucy,...Yes, you sent the link on Monday; however, it doesn't help, as I need to know the exact statute.
I need to be able to fill in the blank: Please appropriately fill-in the blanks:Pursuant to __________, Defendant demands Plaintiff to answer the interrogatories and demands for production of documents herein,under oath, within ten days after service....I've already been looking at all of the Texas statutes, but I need the precise statute....Maybe you can just void the questions to one, because they are "duplicates," so I can give you an excellent rating and move on.Thank you for your time.Ryan
Expert:  Lucy, Esq. replied 1 year ago.

I have no ability to void questions, but I answered three questions total, and they were not duplicates when you posted them. Please contact customer service.

Once again, the statute is:

Tex. R. Crim. P., Art. 39.14.

If you were to pronounce it, you would say "Texas Rules of Criminal Procedure, Article 39.14," although there is no need to do that in a written document.

You can also find it here:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm

And here:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm#39.14

It is called "Discovery". However, "Pursuant to discovery" does not make any sense and is likely to only confuse the prosecutor, which is why I cited the statute for you each and every time you asked.

Customer: replied 1 year ago.
Lucy,
So, it would be as follows?:
Pursuant to TRCP Article 39.14, Defendant demands Plaintiff to answer the interrogatories and demands for production of documents herein,under oath, within ten days after service.
There is a need to do it in a written document, because it is a legal document which requires them to provide an answer to the interrogatories, per the Discovery Requests procedures.
Thank you.
****
Expert:  Lucy, Esq. replied 1 year ago.

You can say that you demand they answer the interrogatories under that rule, but it would be more accurate to put the request that they respond in 10 days in a separate sentence, because the way you have it phrased is a misinterpretation of 39.14 and you don't want them to object.