Requesting Discovery Form With Attorney In Harris
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FAQ
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
An affidavit of non-prosecution serves as a formal declaration by the alleged victim that they do not wish to participate in the prosecution process. This document can be submitted to the prosecutor's office or the court as evidence of the victim's intentions not to cooperate. It must be notarized.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
An affidavit is a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person's knowledge. Affidavits by both plaintiff / prosecutor and defense witnesses are usually collected in preparation for a trial .
The Harris County District Attorney is the elected prosecutor of Harris County, Texas. The office receives cases from 86 law enforcement agencies. Currently, the position is held by Sean Teare.
An affidavit of non-prosecution is simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges and wishes charges against the defendant to be dismissed (here is an example of what an affidavit of non-prosecution looks like).
Affidavits can also be used in court because they are considered sworn testimony. However because there is no cross-examination of a witness, they are often considered to be less powerful than live testimony. For this reason, they are typically used more in pre-trial, arbitration and civil litigation.
A criminal defendant or his/her lawyer can request discovery from the prosecution by sending them a request/demand for discovery (depending on the idiosyncrasies of the jurisdiction), and, to the extent they don't comply with the request/demand, file a motion with the court to compel discovery.
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
The Benefits of Discovery for Both Plaintiffs and Defendants Helps plaintiffs and defendants understand the legal issues at play in the case and better prepare for trial. During discovery, each party can obtain facts from the other through requests for admission, interrogatories, documents, depositions, and more.
