why wont my lawyer give me discovery in calif

A lot of times attorneys are reluctant to provide discovery to people in custody for a very good reason. You have no privacy in the jail, and the walls have eyes and ears.

Full Answer

Do I need a lawyer to help with Discovery?

It is often necessary to have a lawyer help you with discovery. If you are representing yourself in your case, discovery may be a good part of your case to let a limited-scope lawyer handle on your behalf.

What happens if the other side does not agree with Discovery?

If the other side does not agree with the objections and insists on getting the requested information, he or she can file motions in court to ask a judge to decide the discovery issues. NOTE: There are also rules about formal discovery.

What is an example of discovery in law?

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.

What is the first item of discovery for a defense attorney?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records. The Constitution requires that the prosecution disclose to the defense exculpatory evidence within its possession or control.

When can you issue discovery California?

In the normal California state court action, plaintiffs are permitted to begin written discovery, “without leave of the court at any time … 10 days after the service of summons.” (See Code Civ. Proc., § 2031.020(b).) Once the time passes, plaintiff is entitled to serve discovery without any procedural hurdles.

Is discovery filed with the court California?

And it takes a lot of time to ask for, collect, and review the sometimes thousands of documents that may be involved in a case. Discovery can be both formal and informal. In either case, the information that is gathered during discovery is not filed with the court. It is just shared with the other side in the lawsuit.

How long does it take for a discovery to come?

In most felony criminal cases, it can take several weeks, or months, for Discovery to be complete. Sometimes, the state has to issue subpoenas to get the Discovery. If the state has to obtain medical records, this can delay the completion of Discovery.

What happens if defendant does not respond to discovery California?

Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.

What is the discovery process in California?

Discovery in civil cases (like a California personal injury case) is a process where both sides, plaintiff (person hurt), and the defendant (person defending the injury claim), can obtain information from each other to help not only build a case or defense, but also to prepare evidence for a jury trial, if necessary.

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 ...

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.

What happens if the plaintiff does not give me responses to my discovery requests?

If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an. All of the admissions are deemed as "admitted."

How do you respond to discovery objections?

How to present a losing objection:Make it a lead-off “general objection.”Object to anything that is not relevant to the “subject matter” (no longer the standard) or not likely to lead to admissible evidence (no longer the standard).Don't say if anything is being withheld on the basis of the objection.More items...•

What can a party do when the other side fails to respond to discovery requests?

Motions to Compel – If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

Robert Harold Brownlee

The Constitution of United States of America guarantees you the right to a trial by jury. Asserting that right can have disastrous consequences, however. It is very troubling that you have such little trust in your current representation that you feel the need to examine all aspects of the government's case.

Roseline D. Feral

You have the absolute right to get your discovery. Unless it has a protective order from the court. I recommend you call the supervisor. I also think you should get a second opinion from an attorney in your area who knows what the cases negotiate for. Attorneys have the duty to advise their clients of any offers made by the...

Ronald William Hedding

You are not giving us a lot of information here. You can't be forced to plead guilty. You need to tell your PD what you want to do. If you are not happy with their representation, you need to go through the process of replacing your attorney.

Herb Fox

No one can force you to plead guilty, not even your attorney. If you cannot resolve this dispute with your attorney, I recommend that you attempt to speak to his or her supervisor and, if necessary, the judge. There is a mechanism for replacing court appointed counsel when there is a conflict between them.

Rixon Charles Rafter III

Did you ask your PD? He or she knows ALL the details, we know absolutely none, and even if we did, no ethical attorney is going to give you specific legal advice online, this site is for general legal information. Express your concerns to your PD. Good luck to you...

What happens if the prosecutor fails to turn over requested discovery?

If the prosecutor still fails to turn over requested discovery, the judge could: impose sanctions on the prosecutor, and.

What is the purpose of California discovery laws?

California discovery laws are designed to provide a fair criminal justice system that mandate a timely exchange of all information that was gathered by law enforcement and investigators in order to prosecute a criminal case.

What is discovery in felony cases?

Discovery is a process where evidence is exchanged between the prosecutor and defense lawyer prior to court or trial.

What is the process of discovery in criminal court?

A crucial part of this process is known as “discovery.”. In simple terms, "discovery" is the: process where evidence is exchanged; between the prosecutor and criminal defense attorney;

What is the purpose of a criminal discovery court?

Your criminal defense lawyer will often make a request to receive any additional discovery material. The criminal discovery court process is a crucial step for your defense lawyer to obtain evidence that might help them challenge the charges against you.

What happens after a judge hears arguments?

After arguments, the judge will then make a decision on whether the defense lawyer is entitled to receive the requested discovery.

What is exculpatory evidence?

exculpatory evidence that could be favorable to your defense; witness statements and depositions from police. A “deposition” is way to find out what type of testimony a witness will say at a trail. It's transcribed by a court reporter while the prosecutor and attorney are present.

What is a formal discovery?

Formal “discovery” is a legal process that can be used after a case has been filed. There are several discovery “tools” you can use to get information the other side has.

What are the tools used in discovery?

Some of the formal discovery tools include: 1 Interrogatories — written questions directed to the other party that the other party must answer in writing and under oath. The answers can be used at trial. 2 Depositions — oral, in-person questions that the person being deposed must answer under oath. You can take the deposition of a party in the case or of “third-parties,” which are people other than those directly involved in the case, like expert witnesses. Usually a court reporter takes down everything that is said in the deposition and produces a written transcript. It is also common to videotape a deposition. 3 Requests for production of documents — either for a particular document or a class of documents likely to be relevant to your case. 4 Requests for Admissions — when a party asks the other side to admit a statement is true, in general to allow the case to focus on what is truly in dispute. Responses to these written requests can be used at trial. 5 Subpoenas — written court orders requiring the other side or a third party to testify or produce certain physical evidence such as books, records, or other documents for inspection.

What is an interrogatory in court?

Interrogatories — written questions directed to the other party that the other party must answer in writing and under oath. The answers can be used at trial. Depositions — oral, in-person questions that the person being deposed must answer under oath.

What is a subpoena in court?

Subpoenas — written court orders requiring the other side or a third party to testify or produce certain physical evidence such as books, records, or other documents for inspection. During the discovery process, lawyers can object to questions, requests for admissions, interrogatories, and other requests.

Is discovery formal or informal?

Discovery can be both formal and informal. In either case, the information that is gathered during discovery is not filed with the court. It is just shared with the other side in the lawsuit. Discovery is very complicated and often requires knowledge of evidence rules and other legal strategies.

Can you videotape a deposition?

You can take the deposition of a party in the case or of “third-parties,” which are people other than those directly involved in the case, like expert witnesses. Usually a court reporter takes down everything that is said in the deposition and produces a written transcript. It is also common to videotape a deposition.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

What are the federal and state discovery statutes?

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.)

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 exculpatory evidence?

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

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

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 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.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

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.

What is the role of a lawyer in a case?

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. This can be accomplished by allowing your lawyer to read the discovery to you and allowing you to read the police reports in your lawyer’s presence.

What is the stage of a criminal case where a prosecutor is required to give evidence?

This is called the “Discovery” stage of a criminal case.

What happens if you fire a lawyer?

If you fire your lawyer and hire someone else, your lawyer must turn over all of the discovery to the prosecutor. Once your new lawyer files his appearance, the prosecutor will turn over the discovery to your new lawyer. James Dimeas is a nationally-recognized, award-winning criminal defense lawyer.

What are the rules of the Supreme Court?

The Supreme Court Rules govern what happens in court and what your lawyer can or cannot do while they are representing you in a criminal case in court. Your lawyer is required to follow all those rules. The prosecutor is required to give your lawyer all of the evidence in your case.

How to contact James Dimeas?

You can always speak to James Dimeas personally by calling him at 847-807-7405. Illinois Supreme Court Rule 415 (c).

What are the rules of professional responsibility?

Your lawyers’ conduct is governed by the Rules of Professional Responsibility. Those rules provide for certain ethical responsibilities that lawyers have to their clients and to the Court. The Supreme Court of Illinois has also enacted certain rules which limit what your lawyer can, or cannot do.

Is a lawyer obligated to communicate with you?

However, your lawyer remains obligated to communicate with you and keep you reasonably informed about your case. While Supreme Court Rule 415 (c) may seem to be in conflict with the Illinois Rules of Professional Conduct, the legal issues have been litigated and decided by the Courts.