Q: I currently have a public defender and requested a copy of my discovery. He notified me I don't have a right to it
But that it's a courtesy if he wants to provide it. Is this true? He notified me at our last hearing that even though he's had it for a year he hasn't looked at it. We are currently in negotiations with the Ag and I have made my attorney aware there is important information he could use in negotiations. How do I get a copy of my discovery?
A:
a lot more info is needed.
however almost all lawyers provide clients with discovery........howevery they must dedact names etc
i would contact his supervisor
Hayden Gifford Smith agrees with this answer
A:
You have a right to be told what the evidence is against you. The DA or State is the obligor. In English, the DA fulfills this duty by providing discovery to your lawyer.
My advice is to avoid conflict with the lawyer assigned. He or she is very busy and probably cannot copy everyone's police reports for them. Honey over vinegar, my friend. Go to the public defender's office and tell them you'd like to read your file if possible.
It's fine to get firm but don't push it. It's counterproductive. If all else fails and it is very important that you read the report - which I have to say is a rarity from the point of view of the public defender - get nicer, not more shrill. Persistence without insistence.
By the way, in many courts a lot of the discovery in misdemeanor and low-level felony cases consists of police reports, which you can often access by asking the clerk at the criminal division for your file. It is the court file, and the clerk's rear is on the line if something goes missing. Dress well, smile, try to come in with your CASE NUMBER - perhaps from a minute order.
Good luck!
A: No court has ever decided the matter. I always tried to get my clients fully informed. If they wanted discovery, I usually gave it to them. (I did court-appointed representation part-time as a private attorney. I represented a lot of folks but not as many as public defenders typically.)
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
