Rochester, NY asked in Criminal Law for New York

Q: my relative has been charged with a crime. He has been offered a plea bargain but the DA will not give his lawyer access

to the evidence they say they have against him to prove the case. Don't they have to let his lawyer see the "evidence" before he decides?

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1 Lawyer Answer
Michael Arbeit
Michael Arbeit
Answered
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: If the charge is a Felony, the District Attorney's Office does not have to provide discovery until AFTER an Indictment is issued. Many DA Offices have policies that if they make an an offer pre-indictment, it will be withdrawn upon an Indictment.

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