By providing these documents, media, evidence and information in any format (digital or otherwise) to me, I agree and recognize that:
My continued access to and use of this system and the digital multimedia evidence and information contained herein constitutes my acknowledgement and agreement that such access is governed by the then existing policies of the Bexar County Criminal District Attorney's Office (DA's Office). The information contained in these Terms and Conditions are subject to change. It is my responsibility to check the Terms and Conditions periodically for changes.
The documents and evidence are property of the DA's Office.
The DA's Office is reserving the right to require the documents, media, evidence and information and any copies of generated be returned to the DA's Office at the conclusion of the case or at the conclusion of the attorney’s representation. The absence of a demand for return of the documents and evidence on any individual case does not constitute a waiver of this agreement.
The defendant, the attorney representing the defendant, or an investigator, expert, consulting legal counsel, or other agent of the attorney representing the defendant may not disclose to a third party any documents, evidence, materials, or witness statements received from the state without a court order. The defendant may not be the agent for the attorney representing the defendant.
The attorney representing the defendant, or an investigator, expert, consulting legal counsel, or agent for the attorney representing the defendant, may allow a defendant, witness, or prospective witness to view the information provided under this agreement, but may not allow that person to have copies of the information provided, other than a copy of the witness's own statement. Before allowing that person to view a document or the witness statement of another under this agreement, the person possessing the information shall redact the address, telephone number, driver's license number, social security number, date of birth, and any bank account or other identifying numbers contained in the document or witness statement. The defendant may not be the agent for the attorney representing the defendant.
Nothing in this agreement shall be interpreted to limit an attorney's ability to communicate regarding his or her case within the Texas Disciplinary Rules of Professional Conduct, except for the communication of information identifying any victim or witness, including name, address, telephone number, driver's license number, social security number, date of birth, and bank account information or any information that by reference would make it possible to identify a victim or a witness.
Not all electronic recording from law enforcement agencies are automatically preserved or contained in the State's file (e.g. Coban recordings, 911 calls, jail calls, etc.). For purposes of preservation a request must be made to the appropriate agency. Additionally, in order to inspect law enforcement recordings for purposes of discovery in a case, a specific request in writing must be timely made to the DA’s office. Access for inspection will be provided.
The DA's Office does not waive any rights or privileges it would otherwise have retained, including any rights relating to discovery and open records.
I further acknowledge and agree that I have an obligation and opportunity to review the DA's hard copy file on this case now and before trial to ensure the completeness of discovery and the legibility and completeness of the documents, media, evidence and information. I understand the criminal history printouts will be available in the State's file for the attorney of record to view since the FBI Criminal Justice Information Services Division regulations prohibit the TCIC/NCIC from being captured electronically. In the event that electronic delivery of documents, media, evidence and information is delayed or unavailable, I understand under the DA’s Office open file policy that the documents, media, evidence and information will be available for review and inspection in the State’s file upon request. Violation of the terms of the agreement may result in denial of access to Disclosure Portal and may subject me to any appropriate action by the court for abuse of discovery.