Q: Colorado. Class 3 Misdemeanor, school is refusing to release evidence at this point, what are my next steps?
My Son, 18, is currently being charged with a class 3 Misdemeanor for property Damage under $200. The school is currently refusing to release the video and photo evidence. Wondering what my next steps are? What is the best way to pursue the charges?
A: Generally, when trying to gather evidence to support a defense it is best to hire an attorney who understands how to make demands for video and photographic evidence as businesses and universities are not necessarily required to provide it when asked. Attorneys work with investigators who understand the rules for making requests, when court orders might be needed, or when other tools might be necessary. If the State has collected the evidence during its investigation against a criminal defendant, they will be required to provide it through the discovery process. However, if the state is unaware of the evidence, it becomes necessary for the defense team to make sure to recover it.
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