Legal Question in Criminal Law in Texas

My husband is awaiting trial in the state of Texas. After his first court appearance his attorney file a Motion for Discovery because there was nothing in his file as far as any evidence in the case. He recently went back to court after 30 days and there is still nothing in his file. Is it true that the prosecuting attorney can hold any evidence they may have in the case until two weeks before trial?


Asked on 8/19/13, 5:23 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

There is no particular date except that ordered by the judge by which time the prosecutor must turn over evidence. Generally, there is an offense report and references to any testing. Some times it takes months to get test results, depending on the type of test. Sometimes prosecutors have to chase after police officers to even get the offense reports.

Your lawyer will handle getting the evidence needed to review and discuss with your husband for you husband to make an informed decision on how to proceed on his case.

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Answered on 8/20/13, 11:59 am


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