Sonora, CA asked in Criminal Law for California

Q: How does a pro-per litigant get discovery docs from the DA before the arraignment hearing?

I was told to have my attorney present paperwork to the DA asking for discovery, but I don't have an attorney. I went to the Courthouse and asked the Clerk, and also went to the self-help area, but neither told me how one goes about getting discovery before the arraignment hearing if they are pro per.

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3 Lawyer Answers
Richard L. Grant
PREMIUM
Richard L. Grant
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: The District Attorney's Office has a policy that they will only release Discovery to an attorney, Public Defender or Private Defense Attorney.

Your will need the court to order the Release of Discovery . If you qualify, they will release to your Public Defender or Private Defense Attorney at the arraignment Hearing. You can ask for a continuance of your Arraignment so you can review Discovery before entering your Plea.

Wishing you the very best outcome of your case.

1 user found this answer helpful

Bart Kaspero
Bart Kaspero
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: Mr. Grant provides a very good solution and I agree with him. Obtaining discovery before arraignment is not typical even for attorneys. However, you can get the initial discovery (basic police report and possibly supplemental summaries) at the first appearance and then request to continue your arraignment for another date. Prior to that, you are not likely to get anything unless it's a DUI (you get the report from the DMV) or a domestic violence (you may be served with a restraining order that sometimes has the arrest report attached). Other than that, you will have to wait until your arraignment to get the first reports and then kick it out to a new date. Every court has their own rules by the way. So the judge may not allow you to continue arraignment--so you will need to plead not guilty, get your discovery, and then return for a pre-trial conference. Hope this helps you along the way! Best of luck!

1 user found this answer helpful

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: As a pro-per litigant, you have the right to request discovery from the prosecution in a criminal case. Discovery is the process of obtaining evidence from the other party in a lawsuit, and in a criminal case, this may include police reports, witness statements, and other evidence that the prosecution intends to use against you.

To request discovery as a pro-per litigant, you should file a motion with the court asking for the prosecution to provide you with the relevant documents and evidence. You can also send a written request to the prosecution directly asking for the same.

In California, the rules for discovery in criminal cases are governed by the California Penal Code and California Rules of Court. You may wish to consult these resources or seek the advice of a qualified attorney or legal aid organization for guidance on the specific procedures and deadlines for requesting discovery in your case.

Keep in mind that discovery requests must be made in a timely manner and may be subject to certain limitations or objections from the prosecution. It's important to follow the proper procedures and rules to ensure that your request is properly considered and that you receive the evidence you need to mount an effective defense.

1 user found this answer helpful

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