Legal Question in Criminal Law in Texas

Dillema: I have been laid off and have limited funds and trying to help my son. Do I have the right to get the surveillance video? If not how can I instruct court appointed attorney to obtain and stop waiting on DA to request from investigator. I believe I am getting run a round because being told camera does not tape outside of Valero gas station. What kind of gas station would not camera outside store. Everytime I ask lawyer/ investigator to use surveyllance tape, they revert to same answer as though rehearsed, that everything happened outside of store....but never even comment on looking at the inside to confirm we saw or did not see gun....my son assures me he had no weapon...what to do in my circumstance


Asked on 2/08/11, 9:40 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

First, the case is not yours - it is your son's. The work done on the case and the discussion about this work are between your son and his lawyer / investigators. You best not "instruct" the defense lawyer to do anything if you are wanting to help your son. You could alienate the lawyer (who owes nothing to you in the first place.)

Valero stations are independently owned and believe it or not, there are many places that still do not have cameras or even if they do, they do not run them, they do not work, or they do not put tapes in them. They should get the tape if one exists but it may not help if, in fact, everything did happen outside the store.

You could go the the Valero store yourself and simply ask questions about the camera and procedures to determine if it is a possibility that there was ever a tape and whether it still exists. (Many places reuse their tapes.)

If your son is charged with aggravated robbery, the question is not really what your son did or did not have (even if his word could be trusted) but what he lead the complainant to believe. (For example, if he had his hand in his pocket and gestured like he had a gun and demanded money, or said I have a gun and demanded money, the case is still aggravated robbery.)

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Answered on 2/18/11, 2:11 pm


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