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  1. #1
    Join Date
    Jul 2013
    Location
    Garner, North Carolina, United States
    Posts
    1

    Unhappy Assault with a Deadly Weapon During a Repossession

    My question involves criminal law for the state of: Texas
    Hello,
    I am in dire need of help i need advice for my father who is incarcerated in the Bexar county Jail. He was reposing
    a vehicle he has sold in payments to a friend and that friend did not pay my father and my father did a repo that person is now accusing my father of assaulting them with a deadly weapon and my father lost everything coming up with lawyer fees and the lawyer threatened my father if he didn't get payed my father would spend years in jail thus my father being scared and no money he failed to appear in court he is now arrested and we want to file a motion of discovery because my father did not assault this person and we want justice but don't want my father in jail. Our current lawyer is in vacation and we cannot move forward we don't really have a lot of money we have money invested in our current lawyer but we feel there has to a way to prove innocence faster. My father is 100% innocent my mother was there and she knows that he did no such thing my father has a clean record other than traffic tickets. he is a family man.
    please if anyone knows way that we can do something ourselves please let me know
    thank you for your time.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to File Motion of Discovery

    YOU can not file anything. The only people who have standing to file anything are your father or his lawyer. If he's locked up that, means that the best you can do is help him obtain an attorney who is not "on vacation."

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: How to File Motion of Discovery

    What do you hope to accomplish by obtaining discovery? Doing so is not going to speed up the judicial process or get your father out of jail. Presumably, your father’s case has already been reviewed by a judge who found that the state had probable cause to pursue charges. Your father then failed to appear in court – meaning that any judge is going to demand an even higher bail to let him out of jail again.

    While you claim that your father is “100% innocent,” I doubt that is a knowledgeable claim. I strongly suspect that your father had no legal authority to “reposes” the vehicle he sold – very few private sales include a contract sufficient to actually allow that. If the person your father sold the vehicle to failed to pay on time, your father’s only legal recourse would have been a civil suit. So, in any illegal repossession, pretty much any confrontation between your father and the delinquent buyer could easily result in a valid assault charge against your father…in fact, any amount of force, or even the implied threat of force, by your father could have well resulted in a charge for robbery.

    It sounds like your father is in way over his (and YOUR) head and you should really let your father’s attorney handle it.

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