Q: Is there a specific amount of time the State's Attorney can withhold evidence from the defendant?
A: The prosecutor has mandatory disclosure requirements without even being requested under the procedural rules, and then the defendant has the right to request other discovery under the rules. Both have time requirements for production of evidence. Any disclosures after those time deadlines are late, and if prejudice can be shown to the defendant’s ability to defend the charge on account of the late disclosure, then the defendant may be able to suppress evidence not disclosed, get the case postponed, or request other possible sanctions, up to and including dismissal if the nondisclosure is intentional or otherwise so prejudicial that no other lesser remedy will do. A motion compelling production and disclosure of evidence is also appropriate when the State has failed, after proper request, to produce evidence to which the defendant is entitled.
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A: The state's attorney cannot "withhold" any discoverable [upon request] or exculpatory evidence from a defendant under any circumstances. The rules of criminal procedure set forth the time frame for production.
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