Saturday, February 18, 2012

Why haven't I recieved my Evidence the prosecutor has in a Motion for Discovery?

My attorney filed for Motion For Discovery and I have to be in court tomm. We still haven't recieved any statements or anything from the state. I am up for recieving stolen property which this one is a misdeamenor. Does the prosecution have a time line in which they must turn this over to us? Does this mean they don't have enough Evidence or what?Why haven't I recieved my Evidence the prosecutor has in a Motion for Discovery?Yes there is a time limit for responding to discovery. What it is varies by State, but in no State would the day before trial be early enough.



RichardWhy haven't I recieved my Evidence the prosecutor has in a Motion for Discovery?The prosecutor can show up at trial with your discovery documents, and it would be incumbent on your attorney to ask for a continuance to analyze the documents.

It probably means that he hasn't gotten around to responding to the motion yet, not that he lacks evidence.

Note that making a motion for discovery tolls the speedy trial clock, so you have that going for you.
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