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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27757
Experience:  Active member of the NYS bar since 1989
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My fiance' was arrested seven months ago on "suspicion" of

Customer Question

My fiance' was arrested seven months ago on "suspicion" of drug trafficking. He has a public defender. He is out on bond and has not as of yet been indicted for the suggested crime. We have asked his public defender to file motion for discovery as of one month after his release from jail. We have gotten no response whatsoever from the public defender as to if or when a discovery packet will come. does the state of Texas have any statutes that provide a time limit for the prosecution to respond releasing discovery items in the state of Texas?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: It happened in the state of Texas . The arrest was made on the 27th of January of this year. He was released from jail on bond early March.
JA: Has anything been filed or reported?
Customer: According to his public defender a motion for discovery was filed within a few weeks following his release. Unfortunately he has yet to provide us with any information as to whether the motion was actually filed r if it was filed, when we could expect response or receipt of discovery items
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. The local police force kicked in his door based on the information given by a confidential informant. When they entered his residence they wrestled hi to the floor. They then inquired as to his identity. They had no idea whose home they were entering. The search warrant stated that the informant mad no purchases from him or from that residence. It stated the informant said they "thought" he was selling drugs. They thought he had a large amount of drugs and money and kept records and had weapons to defend himself and protect hi controban etc. He owned only a beebee gun, had no drugs and most of the rest of it is very bizarre. Thee local paper stated he was arrested on "suspicion" of drug trafficking.
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey, JD replied 2 months ago.

No, actually. The state of Texas Code of Criminal Procedure does not provide a firm timeline for discovery. Once the defense has requested it, the prosecution must turn it over "as soon as practicable." See Article 39.1

From what you're telling me, there appear to be problems with the state's case, which eventually has to be indicted or reduced. Absent that, the lawyer would eventually be able to make a speedy trial motion to ask that the case be dismissed.

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.