How soon before trial does the prosecution have to release the evidence.

Asked over 5 years ago - Meadville, PA

I asked this question earlyer but didnt get the answer I was looking for . I have a public defender but he seams to be on the side of the prosecution . I mean can they wait till the day before trial to release the evidence or do that have to release it a week or 2 before hand. I have to go in tomorrow morning and eather tell them I want to go to trial or I want to plea bargain and then trial will be 7 days later. But without this Evidence I have no clue If I am really guilty or not. So how do they expect me to make up my mind on the matter. I'm planing on having my attorney ask for a continuance because of this but the judge is a prick and he doesn't like to give out continuances weather you deserve one or not.

Attorney answers (1)

  1. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . Here in NJ, the evidence should have been your hands at the first or second Court appearance, not when you are about to start trial. Talk to your lawyer, ask him what the discovery rules and time frames are in PA. Demand to see all of the evidence the State will use against you. If he does not have it, tell the judge you have asked for the discover and it has not been given to you, so there is no way you can make an intelligent and knowing decision whether to plea or go to trial. If necessary ask for an adjournment to hire another lawyer. Good luck.

    DISCLAIMER
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