Ask Me Help Desk - Motion of Discovery

Motion of Discovery

Am I able to ask for a Motion of Discovery, in my own defense? The court I am facing won't allow a public defender if the State's Attourney is not seeking jail time. I want to know how I proceed without a lawyer. Am I eligible to ask for Discovery, and HOW??

In a Motion for Discovery you must justify your reasons for making certain requests for information and the court will decide if your request has merit. If the Court determines that your request is legitimate and the information is needed for your defense, it will order that the information be given you.

http://www.ci.mil.wi.us/ImageLibrary...rDiscovery.pdf

Rule 192. Permissible Discovery: Forms and Scope;Work Product; Protective Orders; Definitions (Nov1998)

Hope these help

Hello trucker:

If you're charged with a felony, the court by law, MUST furnish you with a lawyer. Secondly, I don't see the legal distinction between being tried for a crime when they are seeking jail time and being tried for a crime when they're not. The only thing different is the penalty. The TRIAL is the same!! And, it's the TRIAL where you need help.

If you want to know how to MAKE them give you a lawyer, let me know. Otherwise do the best you can. BUT THEY'RE Going to CONVICT YOU! That's WHY they do this.

excon

It is a misdemeanor and the State's Attorney and the judge stated that a lawyer won't be provided at their cost. Also, it is not a trial, but like small claims court where evidence is presented to a judge to decide. Also, I was arrested twice for the same identical thing. I was issued an ordinance violation and then arrested for a misdemeanor on the same charge. In an OV, the attorney for the city states they only have to prove by a preponderance of the evidence, not without a reasonable doubt.

Quote:

Originally Posted by excon

Hello trucker:

If you're charged with a felony, the court by law, MUST furnish you with a lawyer. Secondly, I don't see the legal distinction between being tried for a crime when they are seeking jail time and being tried for a crime when they're not. The only thing different is the penalty. The TRIAL is the same!!!!! And, it's the TRIAL where you need help.

If you want to know how to MAKE them give you a lawyer, let me know. Otherwise do the best you can. BUT THEY'RE GONNA CONVICT YOU! That's WHY they do this.

excon

Read next answer, I have submitted...

Quote:

Originally Posted by trucker8

It is a misdemeanor and the State's Attorney and the judge stated that a lawyer wont be provided at their cost. Also, it is not a trial, but like small claims court where evidence is presented to a judge to decide. Also, I was arrested twice for the same identical thing. I was issued an ordinance violation and then arrested for a misdemeanor on the same charge. In an OV, the attorney for the city states they only have to prove by a preponderance of the evidence, not without a reasonable doubt.

What? Sounds like a violation of your civil rights. It's like a small claims court? Where is this? Never heard of anything like this.

Quote:

Originally Posted by JudyKayTee

What? Sounds like a violation of your civil rights. It's like a small claims court? Where is this? Never heard of anything like this.

I thought miranda rights said it all, but evidently, it doesn't. This is in central Illinois near Peoria. I found out about this when I showed up for my first appearance. They do not have to provide a lawyer if jail time is not sought. Truth is I AM innocent. The complaintant issued a letter to the states attorney and either retracted the statement made at the time of the report, or stated non-compliance. I don't know if I can just state a motion for discovery or do I have to file for one? I can not afford a lawyer, but I do have witnesses in my favor, phone records to the contrary and fact that I was ticketed for the OV by the city and then arrested a few days later by the county after the states attorney read the report.
(((( In truth the are seeking jail time AFTER conviction in the form of probation violation. (I assume they are trying to get me to take the no-jail deal, then revoke me to send me anyway)))).. The city attorney said if the state drops the charges they have less to prove for a conviction. I can present my evedence to a judge to decide. I assume like a small claims appearance (hence a perponderance of the evidence for conviction).

Quote:

Originally Posted by excon

Hello trucker:

If you're charged with a felony, the court by law, MUST furnish you with a lawyer. Secondly, I don't see the legal distinction between being tried for a crime when they are seeking jail time and being tried for a crime when they're not. The only thing different is the penalty. The TRIAL is the same!!!!! And, it's the TRIAL where you need help.

If you want to know how to MAKE them give you a lawyer, let me know. Otherwise do the best you can. BUT THEY'RE GONNA CONVICT YOU! That's WHY they do this.

excon

How would I get them to get me a lawyer when the State's Attorney and the Judge said they don't have to provide one when jail time is not being sought??

How can the city charge you twice for the same offense? That is called double jeopardy, and is very illegal. If I were there I would take the case in a heartbeat, without costs to you as I know that the city would pay me much better when they receive a Federal petition for violating your civil rights, as well as violation of Federal Rules of Criminal procedure.

I just won a Federal court case here in Missouri for an individual who received a $29.50 cent parking ticket on a Walmart parking lot. Private property, and the no parking zone was not properly displayed according to RSMO so the insurance for the City paid well. The individual bought a new car and paid cash with money to spend. Cops, prosecutors and judges are all obligated to know the laws and enforce them, not make up the laws as they see fit.