"missing" Affidavit For Search Warrant

[weplumcrazy]

What is the name of your state?
TEXAS
We have not been able to obtain a copy of the Affidavit for the Search Warrant for our case and after a written request to the District Clerk for it, the response in writing was No Record of Search Warrant on file .Our attorney has neglected to take any action on this even after numerous requests. How can we obtain a copy? It states in the Code of Criminal Procedure that after the Search and Seizure has taken place it is public information and the magistrate's clerk shall make a copy available for public inspection.
By not having a copy on file and not making it available have our rights been violated?
Is this grounds for dismissal? What avenue should we take at this point?

 

[seniorjudge]

What is the name of your state?
TEXAS
We have not been able to obtain a copy of the Affidavit for the Search Warrant for our case and after a written request to the District Clerk for it, the response in writing was No Record of Search Warrant on file .Our attorney has neglected to take any action on this even after numerous requests. How can we obtain a copy? It states in the Code of Criminal Procedure that after the Search and Seizure has taken place it is public information and the magistrate's clerk shall make a copy available for public inspection.
By not having a copy on file and not making it available have our rights been violated?
Is this grounds for dismissal? What avenue should we take at this point?

If you get charged with something that uses evidence gotten by this search warrant, then your lawyer will file a motion to quash the admission of that evidence based on what you think is a defective search warrant.

 

[weplumcrazy]

Our attorney is being paid for by a 3rd party with large interest in case. The attorney has done nothing, filed no motions, did not meet with D.A. to discuss options, and we are now 6 days from our final court date and attorney has faxed over a Motion to Withdraw form requesting me to sign it because I wrote him a letter expressing my total dissatisfaction with his handling (or non-handling) of the case. I would like to know if the Affidavit does exist and read it before filing such a motion. Is the clerk's office in error for not having a copy on file? On the last day before our final docket call the attorney still had not met with the D.A., requested any of the documents re Discovery, and in a last minute phone call was given a plea offer. We never got a chance to discuss the plea offer, I only received a copy of it yesterday and our court date is set for the 15th to plea and the attorney is strong arming us by threatening to withdraw. What is my course of action here?

 

[CdwJava]

This sounds odd ... a "3rd party" with a large interest in the case? What, do you work for the mob?

In any event, was a search warrant ever served on you? Do you have standing to challenge the search? If not, then you don't have a right to see the affidavit anyway.

If you don't like your attorney's handling of the case, fire him and hire one of your own ... but don't expect a long delay in the start of the trial.

- Carl

 

[weplumcrazy]

This case involves alleged gambling equipment which are in reality amusement games and the 3rd party is a vendor who owns the majority of the machines. No I have no connections with the mob.

It states in Art. 18.01 (b) of the Texas Code of Criminal Procedure that "The affidavit is public information if executed, the the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours."

That would certainly give me the right to see the affidavit wouldn't it?

Do you have to be an attorney to have a "standing"? I am a defendant in the case, wouldn't that give me the right to see evidence against me?

 

[CdwJava]

Discovery is generally provided to attorneys not to defendants. And the affidavit shoul dbe available pursuant to Discovery. if you want to try and push a claim to the affidavit as a public record, you might have to hire an attorney for that anyway.

As I said, if you are not satisfied with what your attorney has done then fire him and hire your own.

- Carl