Asked in Criminal Law for Florida

Q: Can I do anything about a past case where discovery was denied?

I was accused of petit theft at a Target store. I had a shopping cart filled and unintentionally neglected to pay for a bag of dog food under my cart at self-checkout.

The woman at Target, without identifying herself, ran up from behind and grabbed me, leaving me badly bruised. I offered to pay and the woman told me she wanted me in jail.

I was later told by the state that I could plead no contest, that I could just pay fines and be on my way. No probation or anything firther, just pay fines. My attorney told me that she used to be a prosecutor and that this was a good deal. My attorney suggested that I take the offer.

However, even after my case was over, I made multiple requests for at least the video footage and was denied.

Just recently , I realized when looking at the case for something else, that the state never provided discovery.

Can I have this dismissed/expunged even now over lack of discovery/evidence? Cannot defend yourself when there is no evidence.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: After you accepted the plea bargain, discovery was then moot. So no, you can't get the judgment dismissed.

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