Q: my brother was arrested for wire fraud and aggravated identity theft. it has been 2 months since his arrest.
the public defender assigned to his case claims she has not received all documents. is there a time constraint on when she needs to have all documents? she there a way for my brother to obtain them?
A: Generally the Discovery is given pretty early on in a Superior Court criminal case so two months is a little long. But we don't know all the facts of his case whether he's incarcerated or free, the country he is in and whether he's been indicted or not etc. etc. If you are concerned I would suggest that you set up a second opinion consultation with an experienced criminal attorney. You will have to pay for the time that the attorney takes to review the case but at least you will know where he stands and whether his public defender is doing a good job. Just remember one thought in life you generally get the quality you pay for, and this includes lawyers.
James A. Abate agrees with this answer
A: There are constraints which can result in motion practice, a judicial order and dismissal if the order is not obeyed. But it depends on why they have not been produced.
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.
