Went to court for a traffic summons out of Sandyston, NJ 4 lst appearance. I had previously made a discovery request to the Prosecutor for the town in which the violation occurred. He sent the request to the State Police for everything I asked for but has not received anything, yet.
When I went to court, the Prosecutor I spoke with was from another town, not the one in which I received the summons. It's a joint municipal court. He claimed that the things I requested were not discoverable (video, audio, all written and electronic documents, etc). He was trying to tell me that the audio and video aren't relevant. But they are and I don't know how he can determine that if he wasn't there.
If I don't get what I requested and paid for, how do I compel them to give it to me?
You are entitled to discovery under the court rules but it often takes a while to get these documents from the State Police. If this goes 5-6 months then you certainly should ask the Judge to dismiss the case.
It would be helpful to know what are the specific charges you are facing.
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3 lawyers agree
Criminal Defense Attorney
The prosecutor does not control discovery or what is relevant, the Court does. File a motion for discovery. if the judge grants the motion and it is not porovided you can move to dismiss. If the court denies the motion you can appeal the denial. You do not mention the charge. i'm guessing it is a mnor moving violation. What you are doing is unusual so the system will balk at first. All State Police cars have video and it is discoverable.