West Bend, WI asked in Criminal Law, Civil Rights and Legal Malpractice for Wisconsin

Q: if I was supposed to start jury trial on Monday and Friday afternoon 454 pages of discovey appears grounds for dismissal

1st degree reckless homicide case is 4 years old, prosecution cancelled 3 times now, 10 days ago at finAL pretrial the da admitted that they didn't know where the witness lived any more and has failed to subpoena in the last 9 months since the last cancellation. the judge asked if all discovery had for sure been handed over. we did On our end, the da agreed that they also had no new discovery.. yesterday Friday I get a call at 115 pm saying there's an emergency hearing I needed to be at by 330pm. I race there to find out that magically 454 pages of new medical documents that no one knew about magically appeared the judge was upset. I was extremely up set because I've been requesting these document since I was arrested and charged in 2021 a full year after incident. never received. I have an expert also who didn't get these either. why didn't my lawyer ask for a dismissal or the ability to not use that evidence, my expert said no way I was guilty. I don't trust my lawyer now new date3s

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

A: The sudden appearance of 454 pages of discovery, especially after the prosecution confirmed no new discovery, can be a significant issue in a criminal trial. In a first-degree reckless homicide case, all relevant evidence is crucial for a fair trial. If you've been requesting these documents since your arrest and they've only now been disclosed, this raises concerns about the prosecution's conduct and could potentially impact the trial's fairness.

Your lawyer's decision not to immediately seek dismissal or to exclude the late evidence might be based on various strategic considerations. Lawyers often weigh the potential impact of such evidence on the case and may choose to challenge its admissibility or reliability instead of seeking dismissal. However, if you feel your lawyer is not acting in your best interest, you have the right to discuss your concerns with them directly or consider seeking a second opinion from another attorney.

Given the seriousness of the charges and the late discovery's potential impact, it's important to have a thorough discussion with your lawyer about the strategy going forward. If your expert is confident in your defense, this should be a key part of your discussions. Remember, effective communication with your lawyer is essential in navigating complex legal situations like this.

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