Can my attorney hold all the discovery without releasing it to me?: Accused of two counts of Assault in the 4th degree and obstructing a police officer. When I had spoken to my attorney she told me that she can't release the discovery to me. I asked her why and she said that it has sensitive information such as where the alleged victims live. She said, also, that she can't release it because it's not going to at longer be in her control. And it's confidential. I said if it's confidential between us it should be ok. She said I could have the police reports. I told her about a case I had dealt with before where my attorney gave me police reports, depositions, and pictures. I asked her if I could obtain all of that and she said she'll have to check with her supervisor on that. She said that she can review some of it via a zoom call. She told me it's going to be a he said she said case but before she said it'll take 1-2 weeks for the video evidence to be disclosed to her. If there's video evidence I doubt the case would be he said she said. Main question is what can be given to me via email? Also if the speedy trial is 90 days and we get a continuance dos that forfeit my right to a speedy trial?
Scott’s answer:
The court rule that regulates discovery between the parties specifically says that a defense attorney cannot release discovery that it has received from the prosecution without first redacting all of the sensitive information out of that discovery and getting approval from the prosecutor or the Court.
As far as the strength of your case and the evidence, including video evidence, is something none of us can answer. We haven't seen it.
If the defense moves for a continuance, and it is granted, that involves waving time for trial rights, sometimes called speedy trial.
How can I get out of testifying for the prosecution in an assault case where I am the victim?: I'm the victim in a domestic violence case where my ex boyfriend is charged with 2nd degree assault and is in jail awaiting trial. I've been subpoenaed by prosecution to testify but am fearful of him sending his friends after me if I do, which is a very real possibility. I've vocalized my concerns to the victim's advocate and the prosecutor and asked to be excused from testifying but was told I have to testify and regarding my safety concerns to "stay vigilant" and call the cops if I see anything suspicious or receive threats. I had a meeting with the defense attorney and prosecutor at the same time where I was questioned by both and all was recorded, which was a very stressful and emotional meeting as I had to relive everything. I don't remember much of the incident and told them all that I do remember in that meeting. The incident was terrifying and traumatic and the idea of testifying is having significant negative effects on me, not just from fear of retaliation but because I'm forced to relive it each time I'm questioned and it's incredibly upsetting, getting more so as the trial date approaches.
Scott’s answer: If you are personally served a subpoena you are required to show up to court. If you do not show up the prosecutor can ask the court to issue a warrant for your arrest. If you refuse to testify the court can hold you in contempt and keep you in jail until you do testify. You can understand why the State might think it's important to hold this person accountable. I would suggest you hire an attorney who can advise you the best way to achieve your goals.
Does a search warrant have to be dated: They served a seach warrent at a place i stay and there's no date on it nobody was there when they searched
Scott’s answer: Just to clarify the answers above. As the first Attorney said, "yes" it does have to have the date that it was signed and a deadline for execution. As the second Attorney noted, that date is sometimes on the copy that law-enforcement has. More likely, since most warrants are approved remotely these days, in the emails between the detective and the judge.