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 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
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.
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.)
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