Month: March 2019

Pre-Indictment Subpoena

Austin Criminal Defense Lawyer subpoena

Defense counsel must subpoena information prior to indictment in any case where records may be destroyed or become unavailable with the passage of time.  Some prosecutors oppose these subpoena requests with a Motion to Quash if the subpoena is requested prior to indictment.  There is no authority to support that position and defense counsel needs… Read more

Section 411.0765 Disclosure by Criminal Justice Agency

Austin Criminal Defense Lawyer

Austin DWI Lawyer A nondisclosure order allows Texas state agencies to release Criminal History Record Information as follows: § 411.0765. Disclosure by Criminal Justice Agency Effective: September 1, 2017 (a) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under… Read more