what if my lawyer refuses to supply me with copies of discovery/police reports?

by Horace Weimann Sr. 5 min read

While your lawyer cannot make copies of the discovery and give it to you, your lawyer is allowed to sit down with you and review the discovery with you. Your lawyer is allowed to ensure that you are aware of the evidence in your case and allow you to assist your them in defending you in your case.Mar 13, 2018

What is it called when the prosecutor withholds evidence?

Prosecutors must disclose all evidence to the defense as early as possible. Prosecutors must not suppress, withhold, or otherwise avoid exculpatory evidence. (Exculpatory evidence is evidence which aids the defendant, while evidence that points toward guilt is called inculpatory evidence.)

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What questions will be asked at a discovery?

In Alberta, part of the litigation process includes a procedure referred to as Questioning....In personal injury claims, as a Plaintiff, you will usually be asked things like:How the accident occured.Your health before and after the accident.Your employment and educational history, and.More items...

What happens in the discovery phase of a lawsuit?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and ...

What is a Brady violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.Mar 12, 2021

What is the right of discovery?

Discovery is the process by which someone charged with a crime can obtain information from the prosecutor before they go to trial. Under the U.S. Constitution, a defendant has a constitutional right to be provided with certain evidence by the prosecutor.

What is a Giglio letter?

A Giglio letter is a document written by a prosecutor when he or she finds out about a law enforcement officer who may not be credible on the stand. With this documented lack of credibility, the law enforcement officer is very unlikely to be used as a witness in a trial.Jun 7, 2021

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.Sep 2, 2021

What kind of evidence tends to prove a defendant's innocence?

Exculpatory evidence is any reasonable evidence that tends to show the defendant's innocence.Sep 8, 2021

What does withholding evidence mean?

failing to give evidence that needs to be given or not disclosing some piece of information when asked to do so.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Daniel Aaron Horowitz

You have received numerous excellent technical answers. I want to supplement to raise the point that discovery battles are a major problem for defense attorneys. Unless you have unlimited resources or your attorney has unlimited time, these battles over discovery sap defense resources.

Gayle Anne-Marie Gutekunst

There are many remedies available in California.

Richard Wagner

California Penal Code Section 1054.5 provides your answer:#N#(b) Before a party may seek court enforcement of any of the#N#disclosures required by this chapter, the party shall make an#N#informal request of opposing counsel for the desired materials and...

Alexander Thomas Henderson

The real issue here is whether or not the prosecution has been ordered to turn over existing identified discovery or is subject to an order to disclose a class of discovery in the event it exists.

Howard Woodley Bailey

Here in NJ, the next Motion we would typically file is a Motion in Limine to limit the prosecution from using the information that has not been provided and to show how they will be able to bear the burden of pursuasion without the information. Discuss this with your lawyer. Good luck...

What is the purpose of discovery in a lawsuit?

Discovery can be used to seek information not only from the other party to the lawsuit, but also from people and businesses ...

What is discovery in legal terms?

Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to ...

What is the rule of discovery?

The basic rule of discovery is that a party may obtain any information that pertains -- even slightly -- to any issue in the lawsuit, as long as the information is not "privileged" or otherwise legally protected (see "Discovery Limits," below). Here are some of the things lawyers often ask for in discovery:

What is a religious advisor?

religious advisor and advisee (although this privilege is often referred to as "priest-penitent," it applies more generally to any confidential conversation between a member of the clergy of a recognized religion and a person seeking spiritual counsel). Private matters.

What is the right to privacy?

Roughly, the right to privacy protects a person from having to divulge information that is not obviously relevant to the lawsuit and is a matter that a person would not normally discuss or reveal to anyone outside of immediate family and intimate friends. This might include issues such as: health or body issues.

What are the rights of third parties?

Privacy rights of third parties. Courts are more willing to protect the privacy of third parties -- for example, witnesses, co-workers, or family members of a party -- than the privacy of parties to a lawsuit.

What is a deposition in court?

Depositions. In a deposition, one party or that party's lawyer conducts face-to-face questioning of the other party or a witness to the dispute. The person being questioned (the "deponent") must answer under oath, and the answers are recorded for later use at trial.

Michael Sean Devereux

Law enforcement is not permitted to release the report without the prior approval of the prosecutor. The prosecution will not release the report until the day of arraignment. Hence, the public defender or any other attorney will not see it until the matter is arraigned. Sit tight.

William Jordan Steed III

Attorneys from the questioner's jurisdiction have advised about availability of reports after arraignment in CA, and I respond only to note that much discovery is not available until later in a case, and that some types of notes and statements may not even be made available until a witness testifies.

Zaheer A Shah

The public defender will obtain a copy of it after you have been formally charged in court.

Cambria L Lisonbee

You can ask your public defender for a copy after you have been arriainged. He/she will likely need to redact it before turning it over to you.

What to do if you ask the plaintiff to provide the contract that says you owe the debt and the plaintiff

If you asked the plaintiff to provide the contract that says you owe the debt and the Plaintiff did not provide it, tell the judge. If you asked the plaintiff to provide their record of what you owe and they did not, tell the judge. Tell the judge that if the plaintiff cannot provide proof of the debt amount, they cannot win their case. The accounting of the debt amount is the ledger.

How long does it take to get a motion for discovery?

Request for Production of Documents within 30 days. You can file a Motion for Order Compelling Discovery. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.

What is a motion day?

Motion day is the day and time of the week where the judge will hear motions like the one you are filing. Motion day is usually a certain day at a certain time each week. For example, in your district court, motion day might be Tuesdays at 10 am.

How long does it take to get an interrogatory?

Request for Interrogatories. The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.

Can a defendant request a dismissal of a case?

It is very important that the final request says in it, “the defendant can request a dismissal of the case or a final judgment if the plaintiff does not provide him/her with answers.”

Types of Discovery

The Right to Discovery: Brady Material

  • Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.
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Federal and State Discovery Statutes

  • Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.) Federal and state statutes often require disclosure of items like the following: 1. statements by the defendantand …
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Questions For Your Attorney

  1. What are the procedures for obtaining discovery in my case?
  2. How does the defense get discovery from a third party (someone or some entity other than the prosecution)?
  3. When in the proceedings does the prosecution have to provide discovery?
  4. What happens when evidence that should be disclosed is lost or destroyed?
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