Queen Creek, AZ asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona

Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return of the DVD, including paying $25.00. Previously I was told the DVD is lost and most recently I was informed that on May 27, 2015, the same judge on my case denied my request for the return of my DVD, without reason. I am wondering if the judge can do this legally and what grounds do I have in obtaining the DVD from the court.

1 Lawyer Answer
Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

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