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    450D's Avatar
    450D Posts: 10, Reputation: 2
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    #1

    Dec 8, 2007, 08:48 PM
    Motions of discovery?
    Hi folks, I am new , but have a question. A friend of mine is charged with a crime that he claims to be innocent of. He has been in jail since June. In early July his court appointed lawyer made a motion for discovery. To this date the prosocution has not turned it over to the defense. I am wondering if this somehow violates his rights, and is grounds to have the charge against him dismissed? I don't see how they can mount a defense, not knowing what evidence they may or may not have on him. Thanks a bunch.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 9, 2007, 05:36 AM
    Hello 450:

    It DOES violate his rights. No, it's isn't grounds to have the charges dismissed, but it might be grounds for an appeal if he's convicted.

    Uhhhh, why didn't he ask his lawyer about this? Why didn't YOU call him up?

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #3

    Dec 9, 2007, 08:12 AM
    Well it depends, what evidence were they asking for.

    For example if they wanted the results of a drug test, in Georgia for example can take 6 to 8 months to get results from the testing of drugs from the state drug lab. So for example they can't turn over evidence they do not have yet, but would turn it over when they receive it.

    And are you sure they did not give it over, often larger public defenders offices are bad about not keeping track or letter the client know what was going on.

    In GA I have know many suspects be held for almost a year before finally having their charges droped latter for lack of evidence.

    They are in jail now only because they can not make bail.
    450D's Avatar
    450D Posts: 10, Reputation: 2
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    #4

    Dec 9, 2007, 10:47 AM
    Exon, He did ask his lawyer if they had handed over discovery yet, and was told no. I have called the defenders office several times and he is always unavailable, or tells me he can not discuss it with me. It is on a burglary 1st charge were a gun was stolen, but they don't have the gun , and can't find it. When his attorney requested discovery he gave the prosecuter 130 days to hand it over, and that has past, and still doesn't have discovery. This is my son, and they even came here about a month ago wanting to search my house for the gun. The only evidence they had the last I knew of , was a shoe print on the door of the house. No loot was found on him or here at my place. They claim he took 10,000 dollars worth of stuff from a farm house that was 8 miles from were he was, and it seems hard to me for a guy without a car to walk 8 miles in each direction packing 10,000 dollars worth of stuff on the return trip. The state trooper claimed the shoe print was from an 11 inch shoe with the same tread as his, but he wears a size 12 shoe which is 13 and 1/2 inches long. They are holding him now on a probation violation from a previous case. I figured they were slow about handing over discovery as they had no new evidence. Sent him for a psyc evaluation, but all they done was tried to get him to confess.

    Fr_Chuck, I tried to cover your question in my answer to excon. They are hoping to find that gun. I am sure that the shoe print is the only evidence they have. That seems pretty thin to me.

    Thanks a bunch guys!

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