Sample Motion in Criminal Matters

Our Lawyers have been helping people in San Antonio and in Texas, when it comes with their criminal matters. Our Attorneys have defended innocent people in Texas in cases of, DWI, assault, battery, and other criminal matters. Bellow is a sample motion filed on behalf of our clients in District Criminal Courts.
MOTION FOR WITNESS LIST

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes PERSON, Defendant, and files this Motion for a List of Witnesses and seeks production of the items requested herein below relating to witnesses to be called by the State at any stage of the proceedings in this cause:

1. A list of the names and addresses of all witnesses the prosecution intends to call at any stage of the proceedings in this cause.

2. A list of the names, addresses and professions of all expert witnesses the prosecution intends to call at any stage of the proceedings in this cause, along with each expert's qualifications, the subject and a description of his or her contemplated testimony, and his or her report.

3. Any evidence in possession of the state that any of its witnesses is presently incompetent to testify, or that any of its witnesses has been found incompetent to testify, incompetent, or insane.

4. The criminal record of each witness for the state showing every conviction or probation for felony or misdemeanor involving moral turpitude which is admissible for impeachment under Rule 609 of the Texas Rules of Evidence.

5. The criminal record of each witness for the state showing every event which can be used to impeach the witness including any deferred adjudication probations, arrests, or juvenile adjudications pending against the witness between the time of the offense alleged against Defendant and Defendant's trial.

6. All inducements offered by the state which might tend to motivate its witnesses to testify against Defendant, including, but not limited to, plea bargain agreements, fee, expense, or reward arrangements, agreements to dismiss or reduce or not bring charges, or any other agreement of leniency.

7. All writings used to refresh the recollection of any witnesses, as provided in Rule 612 of the Texas Rules of Evidence.

8. Any supplementation hereof should be produced no later than 24-hours prior to the trial in this matter. See Hightower v. State, 629 S.W.2d 920 (Tex. Crim. App. 1981); Young v. State, 547 S.W.2d 23 (Tex. Crim. App. 1977).

9. In support of this motion, Defendant would show that (a) the items requested are in the exclusive possession, custody and control of the State of Texas or the United States Government by and through its agents, the police or the prosecuting attorney's office, and Defendant has no other means of ascertaining the disclosure requested; (b) the items requested are not privileged; (c) the items and information requested are material to this cause and the issues of guilt or innocence and punishment to be determined in this cause; (d) Defendant cannot safely go to trial without such information and inspection, nor can Defendant adequately prepare a defense herein; (e) Defendant's rights will be violated under Article 39.14 of the Texas Code of Criminal Procedure, Article I, Sections 3, 3a, 10, 13 and 19 of the Constitution of the State of Texas, and the Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution of the United States of America absent such discovery.

If you have been wrongfully accused in San Antonio, our law firm can help you with your legal defense. We handle all criminal matters for our clients in Texas, San Antonio, and in Bexar County. Give us a call (210) 979-9777 and you will know why our motto is:"we care about your legal needs!"

Protecting the Artist/Filmmaker/Musician’s Rights

You’ve worked a long time to create something special – whether it’s a song, a poem, a novel, a screenplay, a film, a photograph, a painting, a couture design for your future show at Bryant Park, or some other artistic work. A whole bundle of legal rights protects your time and investment, ranging from copyright and patents to distribution and recording rights. Don’t forget that you need to protect those rights during your lifetime in the event of future incapacity or after death. First, be aware of which rights you have retained, and which you may have bargained away. For example, ownership or control over the “master” of a particular recording session is often legally separate from the right to use and publicize one’s name, image and likeness. In an age where online videos, t-shirts, hats and other cross-promotions can generate more revenue that royalties from a single song, you need to be aware of these important property rights. And your heirs may be able to register their rights (via Chapter 26 of the Texas Property Code) to control and license your image and life story for up to 50 years. Second, you need to carefully review the language of any contracts – and always get these agreements in writing – so that you can properly negotiate over the entire bundle of intellectual property rights. Consider this: if George Lucas had overlooked the value of “image” merchandising when he negotiated his contract for the original Star Wars movie, he probably would not be the wealthy man that he is today. Finally, when you prepare a will (and yes, you most definitely should have a will) and other health-care planning documents, make sure that you hire an attorney and provide them with a copy of all contracts. Most of the rights in artistic works are considered “intangible property,” and you do not want them to fall into the wrong category for division among your heirs. Careful drafting will help ensure that your loved ones receive the bounty of your hard work once you are gone. Article by Cynthia W. Veidt, Attorney

Grounds for Annulment in Texas: Impotency

A marriage may be annulled if the spouse seeking annulment can show that either of the spouses was impotent at the time of the marriage, that the spouse seeking annulment was not aware of the impotency, and that he or she has not lived with their spouse since discovering the impotency. References: Texas Family Code 6.106 Article by Sarah F. Berry, Attorney

Texas Highway Patrol Troopers Abuses: How to Control Troopers Subject of Inspector General Report

The Texas Highway Patrol has been around for a long time; most Texans recognize a Trooper on the roads when they see one.  Part of the State of Texas Department of Public Safety, the Texas Highway Patrol works on over 225,544 miles of rural highways, as well as being responsible for other areas of law enforcement, including directing traffic; investigating traffic accidents; helping during emergencies and public disasters; and partnering with other agencies in criminal investigations such as drug law enforcement.  (For details on what all the Troopers handle, check out their web site.)

In the future, the Troopers may be known as the Texas Navy.  That's because it is the Texas Highway Patrol that will be manning those new boats that will be zipping up and down the Rio Grande as part of our state's border protection.  (See Grits for Breakfast for details here including a photo of the boats they've be using.) 

So, the Texas Highway Patrol Troopers are a Big Deal in Texas Law Enforcement.  

Nevertheless, in recent years,  Troopers have come under scrutiny and criticism with some folk arguing that the Highway Patrol needs more personnel; others arguing that the Troopers need an internal affairs division to keep things in hand; and still others arguing that the Highway Patrol budget just needs more cash.

At least everyone agrees that something needs to be done.  Why?

Troopers can do bad things.  For example, read our earlier post "Texas Highway Patrolman Mistakes US Army 1st Cavalry for Gang/Drug Organization" or watch the video here.   Another post detailing bad acts by the DPS Highway Patrol: "Texas DPS Officers Indicted for Manhandling Hays County Jail Inmate."

Now, however, it appears that the Powers that Be are checking out the Texas Highway Patrol and trying to figure out what action needs to be taken.  

Houston Chronicle Exposes Details of New Report on Texas Highway Patrol Troopers

Recently, the Houston Chronicle's James Pinkerton wrote a story that detailed a report of the Inspector General that details things that IG Stuart Platt thinks needs to be done within the Texas Highway Patrol.

Curious by its absence is much media coverage about this report and the Chronicle's work at getting a copy of it.  

In its April 1, 2012, article entitled "Report says Texas troopers need more supervision," the IG report is not provided in its entirety, but it is reported to include:

• an opinion that the DPS Highway Patrol should be given funds to hire more supervisors for the Troopers (i.e., sergeants); 
• a schedule showing that the complaints about Trooper activity made up almost 70% of all the complaints received against the DPS personnel overall (68%); and 
• the most common complaint against the Troopers was driving drunk (DWI). 

Here's the thing: does anyone think that these numbers accurately reflect the reality of what Troopers are doing, out there on Texas roads?  Watch that DPS video (above) and think -- how many complains go unreported? How free do Troopers think they are to do as they wish, out there on patrol alone in their black patrol car on a rural Texas roadway?