Sorry for the late response. I am still without power as we are recovering from the hurricane in Houston Texas. If you are representing yourself, you should be able to look at the evidence. Otherwise it is true, You will need a lawyer. You can always apply for a court appointed lawyer get him to show you the evidence and then fire him and continue to represent yourself. But you’re always always always better off with a lawyer.hope that helps and good luck.

@@momaali5643 my apologies for not responding to the comments and questions sooner. But we are still reeling from hurricane Beryl. I have no power at my office or at my home. So now I’m working from the hotel for a while. To answer your questions, attempted murder is far too serious for a victim, not to appear. However, depending on the other type of evidence, the state may be able to prove the attempt even without the victim. In most cases, they will serve the victim with a subpoena personally, and if the victim does not appear a sheriff may go out and bring the victim to Court to testify. But that is rare.

This is not the only problem, there was a report that had to be handed over to the defense attorney before sentencing. It was submitted to him only a day ago and it contained false evidence (it could prove to be false) but what is a proper appeal

If he has already pled, the remedy would be to file a writ claiming the plea was involuntary and based on erroneous information. Also claim the crime never occurred (actual innocense). If it has only been a short time since his plea, he may be able to withdraw his plea of guilty for the same reasons. I'm not sure where you are but that would be the remedy in USA

@@fedoralawyer Thank you for taking your time to answer our questions, sir.

You're welcome!

You can only request the discovery after you have turned yourself in and a bond is set. From that point on, you can represent yourself and and ask for discovery. Representing yourself is not a good idea as you may not know what to ask for and you may not know when they are holding back on discovery to which your are entitled. You cannot trust them to do the right thing.

Yes, your attorney is correct. An indictment is a finding of probable cause. So once you are indicted, probable cause has been found. Before an indictment you can have an evidentiary hearing to determine if there is probable cause. But as soon as you ask for a hearing, the district attorney will run to the grand jury and get an indictment.

If there is no evidence, they will have a very difficult time proving the case beyond a reasonable doubt. Remember. Many times the only evidence is the testimony of the witnesses.

Be careful when hiring a lawyer. If the fee is very low, some lawyers will want to do the least amount of work possible and try to get you to plead guilty before even looking at the evidence. These lawyers work by volume. Other lawyers charge by the court setting. They reset the case over and over to run up the bill, but do no real work. That is not the kind of lawyer you want to hire.

In the USA we have the 5th amendment and you don't have to answer questions from anyone. Not even the judge. A judge will know this a should tell you not to say anything until you have an attorney.

In the USA, you are NEVER compelled to answer questions from a prosecutor or police. You are also entitled to see the evidence against you. There are ways for your attorney to get the evidence and motions a defense attorney can file with the court to force the prosecutor to turn over the evidence to your attorney.

I don't know what you mean by eject. But your attorney should promptly object to evidence at trial that your lawyer has not seen and had a chance to evaluate. Also a text message must be authenticated like any other evidence. A subpoena to the phone company to show when and how the texts got from one phone to the other. A witness can't just print out a copy of text messages and claim they came from you. And your attorney should not be subject to trial my ambush. A motion for new trial or appeal would be the proper remedy.

@@THEFEDORALAWYER Eject=order of protection She went to her sisters who hates me, and she and her sister concocted an emergency order of proection. Then she filed for divorce. This is a person going through menopause who listened to her mother and sister give her very bad advice. Regardless, thanks for your help. A hearing is set for late July to evaluate the texts as well as the fact that the court and opposing counsel surprised and allowed evidence.

@@basicprogrammer6147 We call that a "no contact order" or a Magistrates Order of Emergency Protection (MOEP). But at least now you have time to review the evidence and prepare.

@@THEFEDORALAWYER Thank you for your help. Another thing I have going for me is, last October, one month after the OP hearing, she modified the OP to allow some communication about business (we had a business together). A few weeks after that, she sent me non-business texts with pictures of my dad next to his Navy jet. In other words, she is not "afraid" of me. You should make a video on what happens if neither party wants to sell their share of the house, but the person who filed for divorce has demanded sole possession of the house. That's what women often go for: eject the husband, take the house. Lot of men a simps, and just give up. DON'T!. Live in the basement in a mancave., go out with your buddies. Ignore her until her phase has passed. Thanks.

In most jurisdictions only a lawyer can get access to the evidence. Moreover, the lawyer cannot give you a copy of it either. He can and must allow you to review it as often as you like but you cannot have your own copy of the evidence to take and keep with you. However, you are entitled to a copy of your own statement. If you are representing yourself, which is always a bad idea, you may need to file a motion with the court ordering the DA to allow you to view the evidence. Otherwise, you will need a lawyer to get what you want. Hope this helps.

@@fedoralawyer Thank You!

@@daveobrien8210 You're very welcome.

Sorry, I'm not sure what you are asking. Your lawyer has a duty to allow you to see any evidence good or bad that affects your case. Only after a thorough review of the evidence and a conversation with your lawyer should you decide to enter a plea of guilty or go to trial.

I am assuming you are in the USA. The following advice may not apply in another country. One way is to tell the lawyer you are not going to enter a plea until you see the evidence against you. If he does not comply, you can tell the judge you have not seen the evidence and you're not comfortable with your lawyer's representation. If the lawyer does not do his duty you can also file a grievance with the state bar in your state. I know some lawyers just read the offense reports and don't do any real work. This is not acceptable.

@@THEFEDORALAWYER is a federal case the thing is will laywer has to give me back my money or not? and he told me he saw the discovery but never with me i went last wednesday to see it and he said for some reason the discovery cant see and he told me to come back monday he gonna email the attorney to send back and now we are in thursday and he havent contact me to go to office and the plead hearing is on tuesday

@@gabrielroman2091 I do a lot of federal work and reviewing the evidence with a client is mandatory. Before you enter a plea, the judge will ask you if you are satisfied with your lawyer. That is your opportunity to tell the judge you have not even seen the evidence. In a federal case there should be ROI's "reports of investigation" or DEA-6's which are DEA reports in drug cases. There are many other types of reports depending on the case. Regardless of the type of case, the lawyer should be reviewing all the evidence with you. He should also explain the sentencing guidelines with you and give you some idea of the range of punishment. Good Luck..

@@THEFEDORALAWYER Sir, thank you for posting videos & educating us. How can we find resources to a court certified video expert, please ?