Legal Question in Criminal Law in Texas

Article 38.39

What does this mean in layman's terms: ''NOTICE OF INTENT TO DESTORY EVIDENCE AND WAIVER OF PRESERVATIONS AND ART. 38.39 RIGHTS Thank you.


Asked on 10/24/05, 12:17 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Article 38.39

It means that the case has been disposed of - either by conviction or by dismissal, and enough time has elapsed that there are no more appeals. The state then asks permission of the court to dispose of any evidence left from the case -- usually to clear out storage rooms etc. The defendant, at the conclusion of the case, in some cases, has the right to ask for property to be returned to him/her. TCL

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Answered on 10/24/05, 1:34 pm


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