Q: When is a good time to ask for a bill of particulars in a Circuit Court criminal case?
A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like it could have been used to commit these crimes. He was in the area of where the crime occurred, which is 2 minutes away from his house and it can be proven that he is n that very same area, at least 8-10 times a day, almost every day. These are not rare crimes for the area and the prosecutors are taking a set of crazy circumstances and making those circumstances fit where they need them to, just so they can ensure a conviction in the case. One other major issue is the fact that the detective in this case, just so happens to be the same detective who arrested the young man for similar charges, a little less than 2 years ago.
A: The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.
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