Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.
He has already been sentenced and is serving his time. We are trying for a post conviction, but lawyers don't seem to want to look at the case without this. The lawyer who represented him won't give us the full discovery packet. I contacted the clerk in the county he was prosecuted, they said they have court records but not discoveries. They transferred me to the prosecutors office who told me they don't have them there either. How is it possible the prosecutor who compiled the discovery packet, doesn't have copies of this? I just need a full copy of the details in his case. He is in prison, so these places will not answer his calls. I don't mind to pay a small fee for this information, but the lawyer fees for just the post conviction are going to be steep and I want to find the right lawyer who can/will actually help. I don't see why it is so hard to get this information.
A: Part of the problem is that you're not the attorney of record nor the Defendant. I have no idea what the nature of the crime was, but discovery packet could include police reports, body cam, dash cam, witness statements, and minute entries from the court. The arresting agency may provide copies of the police reports, body cam, and dash cam if you're willing to pay. As far as the minute entries for what happened in the court room, the clerk can generally provide copies of that as well...for a fee. Again, much of this is purely speculative but hopefully it helps.
Kevin M Rogers agrees with this answer
A: Do you have your bf's "Durable Power of Attorney," giving you the same rights that he would have to access his records? Maybe that's why you're being stonewalled. Even though you are his girlfriend, you have NO legal right to receive his legal documents. You must get the legal right to access his legal records.
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