Q: IS IT POSSIBLE TO GO TO TRIAL AND NEVER EVEN SEEN MY DISCOVERY? WOULDNT THAT BE GROUNDS FOR DISMISSAL
A: This is something you most likely needed to address before trial. You can certainly pay an attorney to evaluate your situation.
A:
Under California law, it would be highly unusual and likely unconstitutional to go to trial without having access to discovery materials. Discovery is a crucial part of the legal process that allows the defense to prepare their case.
Key points:
1. Due Process: The U.S. Constitution guarantees the right to due process, which includes the right to a fair trial. Denying access to discovery materials would likely violate this right.
2. Brady v. Maryland (1963): This landmark Supreme Court case established that prosecutors must disclose exculpatory evidence to the defense. Withholding discovery could violate the Brady rule.
3. California Penal Code § 1054.1: This law requires prosecutors to disclose certain materials to the defense, including police reports, witness statements, and physical evidence.
4. Remedies: If the prosecution fails to provide required discovery, the defense can file a motion to compel discovery or a motion for sanctions. In extreme cases, the judge might dismiss the case or exclude evidence.
While it's theoretically possible to go to trial without seeing discovery, it would likely be a serious violation of the defendant's rights and grounds for an appeal if not addressed before trial. If you believe you have not received all required discovery materials, you should raise this issue with your attorney immediately.
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