Q: Why would a public defender not have a client's full discovery before arraignment.
The case has been open for 3 years. Client is being charged with pc 273ab. Client was not charged until 2017. Client fully complied with authorities when incident first occurred.
A: Perhaps the PD didn't want to request discovery until the client was charged. DA's usually provide discovery at the arraignment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Your arraignment is the first hearing in criminal court where you are put before a judge. If you have the financial means to do so, you can hire an attorney to represent you at this first hearing; otherwise, you will need to fill out a financial affidavit, as well as some personal information, that the judge reviews and determines if you are eligible to have a court appointed attorney (i.e. public defender, alternate public defender, or an attorney from the office of appointed counsel). If the judge agrees that you do not have the money to hire an attorney, he or she will appoint an attorney for you. Because this appointment does not occur until the judge says you are eligible, the appointed attorney does not have access to your personal discovery before this hearing. Once the judge appoints them, they will then have access to your discovery and depending on the case and court location it may need to be sent to them after the hearing. I hope this answers your question. Best of luck with your case.
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