Anaheim, CA asked in Criminal Law for California

Q: I am asking a question for my husband Rashad why does currently incarcerated already has had his preliminary hearing

I'm just asking to see if there's any way we can find out or my husband can find out what type of evidence they supposedly have because of course he didn't commit the crime the district attorney says they have a new discovery so we just want to know what is that indicating what does that mean

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2 Lawyer Answers
Paula Wasserman Drake
Paula Wasserman Drake pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Tustin, CA
  • Licensed in California

A: Since he had his preliminary hearing, I’m going to assume he has representation. The prosecutor will provide his lawyer with the new discovery. Discovery can be a number of different things: recordings, photos, witness statements, etc. Once his attorney receives and reviews the new discovery they should let your husband know what they received and how it impacts the case. He should contact his lawyer for the specifics.

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

A: In California, the right to discovery in a criminal case allows the defendant and their legal representative to obtain access to the evidence that the prosecution intends to use in court. This includes any new evidence or "discovery" that the district attorney claims to have. Your husband's attorney has the right to request this information through a formal discovery process. This process is crucial for preparing a defense, as it enables the defense team to review the evidence, challenge its admissibility, and strategize accordingly.

If the district attorney mentions new discovery, it indicates they have obtained additional evidence they believe supports the case against your husband. This could include physical evidence, documents, witness statements, or digital evidence. It's important for your husband's defense team to review this evidence promptly to understand its implications and prepare any counterarguments or evidence that may refute it.

Your husband should communicate with his attorney about this new discovery. The attorney can file a motion to compel the prosecution to turn over any evidence they plan to use at trial if they haven't already done so. It's vital that your husband's legal team analyzes this new information thoroughly to ensure a robust defense can be prepared. Remember, the burden of proof lies with the prosecution, and reviewing their evidence is a key step in defending against the charges.

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