I was arrested on april 28, 2010 of this year and i still havent heard news from my lawyer that they got it.... How long does the state have to write the discovery regarding my case? Could there be a chance it could be thrown out of court due to non sufficent evidence?
Criminal Defense Attorney
If a criminal charge has been filed by the States attorney against you, once your attorney files a demand for discovery the State has fifteen days to answer. There is a chance that a case could be dismissed if the State fails to comply but that is a rarity.
Just because you were arrested it doesn't mean the discovery obligations on the part of the Prosecutor's office have triggered. Once the State Attorney's Office files formal charges (typically via a document called an Information) against you and your attorney has filed a demand for discovery THEN the 15 days from the date of the demand starts. Many defense attorneys will give the Prosecutors more than 15 days because they want to try to keep a good relationship with the Prosecutor when negotiating your case. I would suggest you contact your attorney to find out if they have received the discovery yet in your case.