Why We Legally Can't Share Discovery With You

One of the most common—and understandable—questions we get from clients is:

“Can you just email me a copy of the police report or video?”

The short answer is: We can't. And it's not because we don't want to—it's because the law prohibits it.

Under Texas Code of Criminal Procedure Article 39.14(f):

“The attorney for the defendant may allow a defendant to view the information provided under this article but may not allow the defendant to have copies of the information provided…”

In plain English: we're allowed to review the discovery materials with you, but we cannot hand them over, whether by email, text, or hard copy.

This includes:

• Police reports

• Body and dash cam footage

• Witness statements

• Surveillance videos

• Forensic or lab reports

Even if the information is about you—and even if you were there when it happened—we still cannot legally give you a copy.

Why Does This Rule Exist?

The restriction is in place for a few reasons:

• Protecting Witnesses and Victims: Sensitive details—like names, addresses, or recorded interviews—could put people at risk if shared improperly.

• Preventing Misuse or Online Distribution: Texas lawmakers wanted to avoid a scenario where evidence ends up on social media or in the hands of unauthorized parties.

• Preserving Integrity of the Evidence: Limiting access helps prevent tampering or contamination of key materials.

In short, the law is designed to balance your right to know what the State has against you with the public interest in safety and privacy.

What You Can Do as the Client

While we can't give you copies of discovery, you're not being left in the dark. At Texas Defenders, we ensure:

• Full access to view the evidence with us—either in person or via secure screen-sharing sessions

• Clear, plain-English explanations of what the evidence means

• Ongoing case strategy updates so you understand how the discovery impacts your defense

We take time to walk you through every important detail—line by line, if necessary—so you feel informed and prepared.

How We Got Here: The Michael Morton Act

To understand why these rules exist, you have to know the backstory.

In 2013, Texas passed the Michael Morton Act, named after a man who was wrongfully convicted of murdering his wife and spent 25 years in prison before being exonerated by DNA evidence.

Before this law, prosecutors weren't required to automatically turn over evidence—they could pick and choose what to disclose. The Act changed that by requiring open-file discovery in criminal cases.

Under Article 39.14, the State must now disclose:

• Offense reports

• Witness statements

• 911 audio

• Crime scene photographs

• Lab and forensic reports

• Video evidence

It was a huge step toward fairness—but it came with limits on how that discovery can be handled, especially when it comes to distributing copies.

Are There Any Exceptions?

In very limited situations, clients may be able to obtain certain materials—such as:

• Their own medical records

• Documents obtained separately through public information requests

• Materials that pre-existed the case and are already lawfully in the client's possession

If an exception applies, we'll let you know. But as a general rule, most discovery materials fall under the “view only” category.

Final Thoughts

At Texas Defenders, our goal is to give you full access to your defense—within the bounds of the law. We know it can feel frustrating to hear “we can't give you a copy,” but rest assured, we'll go over every piece of evidence with you and make sure you fully understand your case.

Charged with a Crime in North Texas?
We represent clients in Dallas, Tarrant, Collin, Denton, and surrounding counties. Call 214-306-9696 to schedule a consultation and get the clarity you deserve.