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No new jury trials order frustrates many defense attorneys

Remote hearings only option to resolve cases due; jailed defendants fear contracting COVID-19

SAN ANTONIO – Faced with the prospect of no jury trials for the next three months, the only option for criminal defense attorneys is to attempt to resolve cases through Zoom hearings.

ā€œI’m used to doing deals across the table usually ending in a handshake,ā€ veteran defense attorney James Tocci said Thursday. ā€œThe Pandemic doesn’t allow for that.ā€

Defense attorney Joseph ā€œMickā€Aguilera said remote hearings are often a challenge.

ā€œIt now takes a day, a day-and-a-half, sometimes three days, to get something done that would normally be done in a couple of minutes.ā€

Another serious concern is that clients who are in jail waiting for their day in court are worried about contracting COVID-19.

ā€œMy client wasn’t positive at the time, but he got put in a cell with somebody that’s positive and he wanted to know what I could do to get him out of there,ā€ Aguilera said.

Those situations are the focus of the bulk of the remote hearings, according to Tocci.

ā€œTrying to get judges to agree to lower bonds ... whatever we can do legally to help facilitate them getting out of jail,ā€ he said.

Both men agreed that decreasing revenues as a result of no jury trials has also become a serious problem.

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