Ocean Isle Beach, NC asked in Criminal Law for North Carolina

Q: Is my criminal history supposed to be in my motion

Related Topics:
1 Lawyer Answer
Mr. Damon Chetson
Mr. Damon Chetson
PREMIUM
Answered
  • Criminal Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You seem to be referencing your "discovery." Discovery is the material provided to you (through your lawyer) by the prosecutor's office in the state or federal system. The Motion for Discovery is the method by which the lawyer requests that discovery be provided. People often refer to their discovery as their "motion."

Your criminal history should be included in your discovery, particularly in North Carolina state court which has what is called "open file discovery." In federal court, the criminal history is often provided by may not be required in all cases because criminal history is not exculpatory and federal discovery law generally requires the disclosure of evidence that is exculpatory.

Sometimes the criminal history will not be the first thing that is provided. It may come in a subsequent set of documents sent by the prosecutor to your attorney. But you can often get your criminal history by talking with your lawyer about all the locations you have been arrested and having the lawyer do a background search in various states.

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.