I am going to trial on a misdemeanor assault with bodily injury. The D.A.is getting a certified copy of my records from the state of Tennessee to use in my trial. The plaintiff in the case has a prior conviction for assault on a public servant in houston,Texas. My court appointed Attorney says the only way I can bring this up is if I go to houston from Amarillo ( 1000 miles) in person and get a stamped certified copy of his record. Does the state have to do the same and if not how can they deny me access to the same evidence (pertaining to his credibility) that they are planning to use to convict and sentence me?
2 Answers from Attorneys
The DA does not have to do it that way and neither do you. A certified copy of the judgment and sentence can be obtained without having to drive there. I do not want to second guess another lawyer; he knows much more about your case than any other lawyer, obviously; but I have to question that statement that you have to make a personal appearance to get a criminal record.
One does not have to have the records in order to bring up a prior conviction. However, it is best to have a copy. You can obtain a copy of the record without appearing by hiring a local Houston private investigator to get the records for you or by calling the Harris County District Clerk, criminal division, having them check the record and quote you the fee for obtaining the records and mailing them payment so that they can send the record to you.
The prosecutor sent a written request to Tennessee to get your record.
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