Q: How do you obtain the discovery packet without a attorney
My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact
A: If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him with a copy of his discovery (the evidence against him). I can't emphasize enough how important a good lawyer is in almost all criminal cases. Either use the PD or hire an attorney.
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A:
First, is he in custody or out of custody? If he is in custody, he should have an attorney appointed to represent him. If that has not yet occurred, it will very soon. The attorney will obtain the discovery/reports and he can talk to his attorney about obtaining copies.
If he is out-of-custody and trying to represent himself, he is making a huge mistake. While he does have the absolute right to represent himself, he really needs an attorney to ensure his rights are protected throughout every stage of the process, to ensure every possible defense is considered, and to find any weaknesses in the State's case.
The prosecutor is not likely going to discuss the case with you or provide you anything. If he is going to represent himself, he can contact the prosecutor to request the discovery. If that does not work, he a motion may be necessary.
1 user found this answer helpful
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