Q: How long until you get to see any discovery in a criminal matter, police report or videos Thanks
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- California
- (916) 704-3009
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- Answered
A:
In California criminal cases, you typically receive discovery materials after your arraignment, which usually occurs within 48 hours of arrest for those in custody, or within a few weeks for those out of custody.
Your defense attorney will request discovery from the prosecution, who must provide it within 30 days of the request according to California Penal Code Section 1054.7. This includes police reports, witness statements, photos, videos, and other evidence. However, sometimes negotiations between your attorney and the prosecutor can expedite this process.
Keep in mind that in some complex cases, discovery may come in waves as new evidence becomes available or as investigations continue. If you're concerned about the timing, discuss this with your defense attorney - they can file motions to compel discovery if the prosecution is taking too long to provide materials. Your attorney can also explain which specific materials you're entitled to see and when you can expect them.
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