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Help on Motion to surpress

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J

jadedxxbeauty

Guest
What is the name of your state? Texas

I think my lawyer is dicking me around. I got a fel 2 charge for mushrooms march 2005, they had no search warrant and all this other stuff in my favor, so Im pretty sure I won't get charged. So he (my lawyer) wants to charge me an extra 5000 retainer since Im not going to plead out.
My dad handles all this crap. Well, we filed a motion to surpress and a release of evidence to the court last friday. The trial is on the 8th of June. I contacted him to get a copy of the prosecutors information so I will know if im really getting screwed over by him, ya know? He claims he wont have access to these files until the trial date. How is he supposed to prepare for his case then??? Ive seen enough law and order. I know hes supposed to this in advance...Anyone for sure on this?

Ok basically what im saying is this:

I have filed :
motion for discovery and inspection of evidence
motion to surpress
motion for evidence favorable to the defendant

Will these documents be provided to my lawyer post trial, or at trial??
 
Last edited:


Shay-Pari'e

Senior Member
jadedxxbeauty said:
What is the name of your state? Texas

I think my lawyer is dicking me around. I got a fel 2 charge for mushrooms march 2005, they had no search warrant and all this other stuff in my favor, so Im pretty sure I won't get charged. So he (my lawyer) wants to charge me an extra 5000 retainer since Im not going to plead out.
My dad handles all this crap. Well, we filed a motion to surpress and a release of evidence to the court last friday. The trial is on the 8th of June. I contacted him to get a copy of the prosecutors information so I will know if im really getting screwed over by him, ya know? He claims he wont have access to these files until the trial date. How is he supposed to prepare for his case then??? Ive seen enough law and order. I know hes supposed to this in advance...Anyone for sure on this?

Ok basically what im saying is this:

I have filed :
motion for discovery and inspection of evidence
motion to surpress
motion for evidence favorable to the defendant

Will these documents be provided to my lawyer post trial, or at trial??

You go girl! Watching Law and Order is certainly the best way to know the true blue legal system.

Can you say,*You are Screwed*?
 
J

jadedxxbeauty

Guest
Shay-Pari'e said:
jadedxxbeauty said:
What is the name of your state? Texas

I think my lawyer is dicking me around. I got a fel 2 charge for mushrooms march 2005, they had no search warrant and all this other stuff in my favor, so Im pretty sure I won't get charged. So he (my lawyer) wants to charge me an extra 5000 retainer since Im not going to plead out.
My dad handles all this crap. Well, we filed a motion to surpress and a release of evidence to the court last friday. The trial is on the 8th of June. I contacted him to get a copy of the prosecutors information so I will know if im really getting screwed over by him, ya know? He claims he wont have access to these files until the trial date. How is he supposed to prepare for his case then??? Ive seen enough law and order. I know hes supposed to this in advance...Anyone for sure on this?

Ok basically what im saying is this:

I have filed :
motion for discovery and inspection of evidence
motion to surpress
motion for evidence favorable to the defendant

Will these documents be provided to my lawyer post trial, or at trial??

You go girl! Watching Law and Order is certainly the best way to know the true blue legal system.

Can you say,*You are Screwed*?

Uh...yeah. Thanks anyways for your "advice"
I was more or less being funny about the law and order thing
 

ceara19

Senior Member
jadedxxbeauty said:
Uh...yeah. Thanks anyways for your "advice"
I was more or less being funny about the law and order thing
Shay is right, you're pretty much screwed here. Keep watching L&O though, I hear it's a pretty good show. You ought to start watching ER too, just in case you ever need to perform an emergency medical procedure on yourself.

The DA wouldn't proceed with the case if they didn't feel as though they had enough evidence against you to win.
 
J

jadedxxbeauty

Guest
ceara19 said:
Shay is right, you're pretty much screwed here. Keep watching L&O though, I hear it's a pretty good show. You ought to start watching ER too, just in case you ever need to perform an emergency medical procedure on yourself.

The DA wouldn't proceed with the case if they didn't feel as though they had enough evidence against you to win.

LOL, Thanks for the advice !!! You are so very helpful, really! I always knew TV was the answer!
 
J

jadedxxbeauty

Guest
Shay-Pari'e said:
jadedxxbeauty said:
LOL, Thanks for the advice !!! You are so very helpful, really! I always knew TV was the answer!

Shrooms will do that to you.:rolleyes:

HAHAHAHAHAHAHAHA

I heard a real strict education is great for pulling the wool over the eyes too...hows that working for ya?
 

Shay-Pari'e

Senior Member
jadedxxbeauty said:
Shay-Pari'e said:
HAHAHAHAHAHAHAHA

I heard a real strict education is great for pulling the wool over the eyes too...hows that working for ya?

Obviously better than the Shrooms, to bad daddy didn't take of that one for you. Find a play ground somewhere, and bury your head in the sand box. You are useless on this forum.
 
J

jadedxxbeauty

Guest
Shay-Pari'e said:
jadedxxbeauty said:
Shay-Pari'e said:
HAHAHAHAHAHAHAHA

I heard a real strict education is great for pulling the wool over the eyes too...hows that working for ya?

Obviously better than the Shrooms, to bad daddy didn't take of that one for you. Find a play ground somewhere, and bury your head in the sand box. You are useless on this forum.

Nah thanks though. Although your childish insults really get to me, I think Ill pass.
 

Kane

Member
jadedxxbeauty said:
What is the name of your state? Texas

I think my lawyer is dicking me around. I got a fel 2 charge for mushrooms march 2005, they had no search warrant and all this other stuff in my favor, so Im pretty sure I won't get charged. So he (my lawyer) wants to charge me an extra 5000 retainer since Im not going to plead out.
My dad handles all this crap. Well, we filed a motion to surpress and a release of evidence to the court last friday. The trial is on the 8th of June. I contacted him to get a copy of the prosecutors information so I will know if im really getting screwed over by him, ya know? He claims he wont have access to these files until the trial date. How is he supposed to prepare for his case then??? Ive seen enough law and order. I know hes supposed to this in advance...Anyone for sure on this?

Ok basically what im saying is this:

I have filed :
motion for discovery and inspection of evidence
motion to surpress
motion for evidence favorable to the defendant

Will these documents be provided to my lawyer post trial, or at trial??
1. If you don't trust your lawyer, you should get a lawyer you do trust. If you're at cross-purposes, you're hurting no one but yourself.

2. The absence of a search warrant doesn't mean your case will be dismissed. Police make perfectly legal searches without warrants all the time.

3. $5000 is a perfectly reasonable fee for a felony jury trial. Many lawyers charge much more.

4. Who filed the motions? If it was you, they're your responsibility. Simply filing them doesn't accomplish anything. You have to obtain a ruling from the judge.

5. Discovery in criminal cases in Texas is strictly limited. (Search "Texas Code of Criminal Procedure" to read the statute.) Defendants are entitled to almost nothing. As a practical matter, defense lawyers are often able to obtain much more than what they're entitled to, but that depends on their relationship with the prosecutor, and the judge.

You're right that it's very hard to prepare for trial without access to things like police reports and witness statements. Unfortunately, you're not entitled to those things under the law. Sorry.

6. Generally, if there's a genuine suppression issue, it'll be dealt with before trial. If you're waiting for a jury trial to find out if evidence is going to be suppressed, you're probably going to be disappointed.

7. TV is a terrible place to learn about the law.
 

Shay-Pari'e

Senior Member
Kane said:
1. If you don't trust your lawyer, you should get a lawyer you do trust. If you're at cross-purposes, you're hurting no one but yourself.

2. The absence of a search warrant doesn't mean your case will be dismissed. Police make perfectly legal searches without warrants all the time.

3. $5000 is a perfectly reasonable fee for a felony jury trial. Many lawyers charge much more.

4. Who filed the motions? If it was you, they're your responsibility. Simply filing them doesn't accomplish anything. You have to obtain a ruling from the judge.

5. Discovery in criminal cases in Texas is strictly limited. (Search "Texas Code of Criminal Procedure" to read the statute.) Defendants are entitled to almost nothing. As a practical matter, defense lawyers are often able to obtain much more than what they're entitled to, but that depends on their relationship with the prosecutor, and the judge.

You're right that it's very hard to prepare for trial without access to things like police reports and witness statements. Unfortunately, you're not entitled to those things under the law. Sorry.

6. Generally, if there's a genuine suppression issue, it'll be dealt with before trial. If you're waiting for a jury trial to find out if evidence is going to be suppressed, you're probably going to be disappointed.

7. TV is a terrible place to learn about the law.[

Kane, The idiot was banned.
 

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