Any defense attorney will have some of his motions denied. I have the option to appeal these decisions to a higher court. Often, my client can’t afford such a measure. However, it never occurred to me to simply seek a new hearing in front of a defense friendly judge.
Here is a recent quote from the TDCAA message board. Freudian slip maybe? I’m hoping it’s a joke, or a typo.
My cops seized items at a drug dealers house and then had a property hearing under Tex. Code Crim. Proc. art. 18.16 (2007) to see if they should be returned to the defendant. Well the judge decided to return the property but my officers want to let a less impartial judge decide. can we appeal? what do we do? got any authority? thanks.
Finally, an 18.16 hearing isn’t a forfeiture hearing. It’s where the judge determines if property has to be returned unless there is a reason to believe the property is stolen.
From the Code of Criminal Procedure.
Art. 18.16. PREVENTING CONSEQUENCES OF THEFT.
Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.