Phoenix, AZ asked in Criminal Law for Arizona

Q: When Does the defendant see the evidence that proscution has against them before the plea deal or after.

Felony

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1 Lawyer Answer
Zachary Divelbiss
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Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: You will see and be able to review the evidence both before and after you receive a plea offer.

ASK for your evidence and you will receive it!

WHEN you receive it is a better question...

With a misdemeanor case, most of your evidence will be available before you receive a plea offer. There may be some outstanding evidence that you will not have such as body camera footage, DNA, blood tests and other various evidence. You will likely have all police reports, witness statements, and photographs before you receive the plea. This can fluctuate because you will almost always be offered a plea right off the bat and will barely have any evidence. It is typical that you be allowed to continue the court date an additional 30 days that way there is more time to receive the evidence. Theoretically, all evidence will be received before the trial or else you cannot use the evidence at trial. However, this also means that you will have to prepare your case as if you expect to go to trial and is not the same process required when you take a plea deal.

In felony court, the process is relatively similar to misdemeanor cases. You will receive some of the initial evidence right off the bat along with the plea offer. The longer your case continues, the more evidence that will eventually be disclosed and received. In felony cases, there are a few exceptions because of what are called "fast track" cases. In these cases, there will be almost no evidence other than a police report and a plea offer. The goal of this court is to move along the "easier" cases faster since it is likely these defendants will have an open and closed case or they have multiple prior felonies which means they will likely not go to trial anyways (since if they lose they punishment is practically doubled).

The reason that you will not have all your evidence throughout the entire case is a slight mystery but ultimately comes down to the lack of resources. Imagine that everyone getting arrested everyday has to go to court and then all the evidence the police collected has to be copied and distributed to the correct court and defendant. This process, although seemingly easy since it's 2019, is complicated and time-consuming. Police staff (behind the scenes) have to go through every piece of evidence and make sure there is nothing confidential being disclosed and properly categorize it. Blood-testing gets really backed up because the laboratories get so many cases every day. Police body worn cameras can record for hours at a time and it takes forever to download just one day of recording and then review and edit the whole thing. Police officers delay writing their reports for days or weeks!

And then, and then, and then...

Here is your long answer to your short question. I hope this helps and you have rights as a person and defendant so make sure you hire a lawyer to help you through the process!

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