Our Top Criminal Defense Lawyers are capable of fighting for your freedom, even if you are facing serious criminal charges. We do this because, amongs other things, our lawyers have prior DA experience and trial.
If you are about to loose your freedom, because of a criminal charge, you need top legal representation. You need a legal team that will fight for your rights. You need a law firm with the reputation that will help your case. You need The Báez Law Firm, P.C.
DWI cases can be complicated, if you do not have the right team on your side. Our lawyers use top experts and a sophisticated system to allow our clients to go through a "mock trial" that help our clients understand the process and predict future outcomes on their cases.
San Antonians have many festivities during the year that can implicate our citizens to DUI or DWI. If you are facing one of those charges, you need to call us (210) 979-9777. Your freedom may depend on it.
Showing posts with label criminal defense. Show all posts
Showing posts with label criminal defense. Show all posts
Wednesday, October 3, 2012
Monday, April 30, 2012
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!"
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!"
Monday, July 18, 2011
Charged with a crime in Texas? You have to have the mens rea!
In Texas, a person that is charged with committing a crime needs to have had the intention of committing the crime that he/she has been charged with. The operative word is mens rea. Many times however, prosecutors and defense attorneys forget this very important element.
Mens Rea- Latin word. This is the defendant's guilty state of mind, as an element in proving the crime with which defendant is charged. Our defense lawyers always argue this point to a jury.
Our legal system was created so that no one innocent person is convicted; however, this is not the case. Too much drama in the court rooms, media influence, and inefficient assistant of counsel makes it possible for the innocent to be convicted. Judges that allow prosecutors too much lead way has always been detrimental for the legal system and for the accused.
Let us bring back the fundamental principles of justice and let the cases be decided on facts not on drama. Once a person gets a day in court, if acquitted, that person needs to be left alone by the media and every one else.
Mens Rea- Latin word. This is the defendant's guilty state of mind, as an element in proving the crime with which defendant is charged. Our defense lawyers always argue this point to a jury.
Our legal system was created so that no one innocent person is convicted; however, this is not the case. Too much drama in the court rooms, media influence, and inefficient assistant of counsel makes it possible for the innocent to be convicted. Judges that allow prosecutors too much lead way has always been detrimental for the legal system and for the accused.
Let us bring back the fundamental principles of justice and let the cases be decided on facts not on drama. Once a person gets a day in court, if acquitted, that person needs to be left alone by the media and every one else.
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