Q: How to compel prosecutors to produce discovery ?
We have been trying for 4 months to get discovery from the DA . They can’t or won’t show us the discovery.
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A:
If the prosecutor has failed to produce discovery for four months, you need to take formal action. First, file a motion to compel discovery with the court. In the motion, outline the specific evidence requested, document your attempts to obtain it, and cite the relevant laws or court rules that require the prosecution to provide it.
If the court grants your motion, the judge may issue an order requiring the prosecutor to turn over the evidence by a certain deadline. If they still fail to comply, you can request sanctions, which may include exclusion of evidence, fines, or even dismissal of charges in extreme cases. Judges take discovery violations seriously, as they can impact a defendant’s right to a fair trial.
Additionally, consider requesting an in-camera review, where the judge privately examines the evidence to determine its relevance and whether it must be disclosed. Keep a clear record of every request and response to strengthen your position. If delays persist, bringing the issue up in open court can sometimes pressure the prosecution to comply.
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