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I need to know how other offices are handling copying DWI and drug buy tapes for defense attorneys. I know one office requires a blank VCR tape and $25.00 for a copy. What do other offices do????
 
Posts: 13 | Location: Liberty, Texas | Registered: May 06, 2003Reply With QuoteReport This Post
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We have a VCR with two slots. The attorneys bring in their own blank tape and make a copy while they watch. We will make a copy for them now and then if they provide the tape. I don't think my judge would go for the $25 fee, particularly since most attorneys are appointed and this fee is eventually going to be paid by the county. I don't see, though, why you couldn't charge a fee if your staff does the copying and you provide the tape. Keep in mind that you MUST provide a copy to the defense if you are offering the tape under 38.22 as a condition of admissibility ... 20 days before trial.
 
Posts: 283 | Location: Montague, Texas, USA | Registered: January 26, 2001Reply With QuoteReport This Post
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We still have many on VHS, but moving to a CD/DVD world. Depending on which we have in a file - the defense provides a blank VHS or writable CD/DVD and we burn the copy(ies). No charge.

In 38.22 situations - I provide written notice to the defense (and file with clerk) advising them we have 38.22 material recorded on VHS or CD/DVD. It tells them they can either view it during our business hours or get a copy.
 
Posts: 145 | Location: Bryan/College Station | Registered: April 23, 2003Reply With QuoteReport This Post
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They bring it, we dupe it free.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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We don't charge either, requiring only that they provide the tape for dubbing. Frankly, I prefer to dub the tapes since there's no great place for a defense lawyer to view the tape in our office without being privy to our conversations within the office about our cases. I'm not that fond of a defense lawyer plopping down right in the middle of our office for an hour or so.
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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Upon request of a tape, our office duplicates the video. We request the defense provide us with a blank tape or pay us $6.00, to reinburse our expense for the tape. We make it clear that we will provide the tape even without compensation.

Most pay us $6.00, a few give us a blank video tape. I don't think anyone has taken a tape and not given us $6 or a blank tape. But then, most of our defense attorneys are pretty good fellows.
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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