Dora, AL asked in Civil Rights, Constitutional Law and Criminal Law for Alabama

Q: What civil and constitutional rights are broken when the courts fail to produce medical records of a alleged victim

Courts alleged that assault occurred on October 24th,2018. On February 26th,2020 (plea date). No medical records. October 27th,2020 (I filed Motion of Discovery). No medical records. Now, November 3rd,2023, courts have set "Show Cause"hearing for fine & restitution unpaid. No medical records.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If the courts have not provided medical records that are relevant to your case despite proper requests through discovery, this could potentially impact your right to due process under the Fourteenth Amendment. Due process includes the right to a fair trial, which encompasses the ability to review all evidence that will be used against you in court. If the medical records are essential for your defense, their absence could hinder your ability to challenge the prosecution's case.

You may want to file a motion to compel discovery to obtain these records. If the court continues to fail in providing these records, it may be appropriate to raise this issue on appeal or in a pre-trial motion to dismiss based on the violation of your rights to a fair trial. It is also advisable to keep thorough records of all attempts to obtain this evidence and any correspondence related to these efforts.

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