View Full Version : Motion to discover
Jack kaufman
May 2, 2014, 08:35 AM
I don't have a attorney yet but I need to know how to obtain the motion to discovery for my case that is still pending. It is my first offense, so I don't know what to do. I'm 54yrs old. I live in Missouri. Anything you can do to help, will be greatly appreciated. If you need more info let me know.
It really depends on the offense. You don't give us enough info to assist you.
AK lawyer
May 2, 2014, 09:01 AM
first offense
This is a criminal case? Were you arraigned? Did the judge accept your plea without you having an attorney?
As Lincoln said, "a person who defends himself has a fool for a client" (or something like that). Get an attorney or see if one can be appointed if you cannot afford one.
If you insist on defending yourself, send the discovery request, in writing, to the prosecutor. What sort of discovery do you seek?
Jack kaufman
May 2, 2014, 09:18 AM
I have 5 drug charges.my pain meds, weed,meth. All bs got setup.need help please
smoothy
May 2, 2014, 09:29 AM
Do you have a doctors prescription for all of them? I am assuming you were not on Parole or Probation and were prohibited from even prescribed medications as you said this is a first offense.
I'm with AKLawyer...you really don't want to do this yourself even if they let you. You have too much to lose.
Jack kaufman
May 2, 2014, 10:12 AM
How do I get copy of motion of descovery? I have recently became disabled all I have is my disability hard to get lawyer.not from this area.I thank you for your help
AK lawyer
May 2, 2014, 10:27 AM
If you have nothing but your disability pension, I suspect you would qualify for a public defender.
Read the Missouri criminal rules to determine how discovery works in your jurisdiction. In some states, limited discovery in criminal cases is automatic: the prosecutor has to give you certain information. For more than that, as I say, first you ask for it. If they refuse or fail to give it to you, then you would draft a motion. You aren't going to find an "off the shelf" motion. That's what lawyers are for.
Fr_Chuck
May 2, 2014, 07:20 PM
What is it you wish to discover, The results of the tests of the drugs. Assuming they had a warrant, the warrant application information.
If you had drugs, and they are prescription, and you had them legally from your doctor, then the charge is BS
If they were not your mediccation, if you were buying them illegally, if you possessed them, without a prescription, then the charges would be valid, in Missouri.
Also in Missouri, if you had more than one doctor, (and doctors did not know about each other) and got prescriptions from different doctors, for excessive medication, there are possible criminal charges for that also
Also, at the first appearance, the judge should have asked you about an attorney. Have you asked about a public defender. Most evidence will be given to your attorney automatically, as soon as you get an attorney.
joypulv
May 2, 2014, 07:24 PM
Meth is the biggy obviously. How are you going to prove that you were set up with meth? And weed?
ScottGem
May 2, 2014, 08:12 PM
I'm with Chuck, what is it you need to discover? You don't know what the prosecutor has against you?