I'm trying to obtain my discovery from my public defender but i keep getting the run around. What can i do or who can i complain

Asked over 1 year ago - Los Angeles, CA

My case went to trial in 2009, i was sentenced to prison and since my release i have been trying to get my documents so that i can file a writ of habeas corpus petition.

Attorney answers (8)

  1. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    7

    Lawyers agree

    Answered . The case file belongs to the client. You are entitled to it. Contact the state bar: www.calbar.ca.gov. That'll speed things up.

  2. Jayan Hong

    Contributor Level 9

    7

    Lawyers agree

    Answered . You can try speaking with a supervisor at the Public Defender's office to expedite your request. The client file does belong to you and you have a right to it.

  3. Majid Seyfi

    Contributor Level 10

    7

    Lawyers agree

    Answered . Certain information in the reports and documents cannot be disclosed to you, such as the address and phone number of witnesses or their identifying information. This is done for the safety of the witnesses. If you ask for a copy of the reports, the public defender may have to take out or black out that information. If the discovery is extensive, this may take some time. But eventually, you are entitled to receive the evidence against you. Try mentioning it in open court to the judge without raising hell and you should be able to get it.

  4. Neil James Fraser

    Contributor Level 15

    6

    Lawyers agree

    Answered . I agree with my colleagues re your file. I just wanted to add that, since you are now no longer incarcerated, a habeas corpus petition is most likely not the vehicle for seeking whatever relief you are attempting to have granted. Not knowing the facts of your case, I can't say what procedural device is available to you but you may wish to investigate the grounds for a writ coram nobis.

    Here's a start point, explaining in general this type of petition:

    http://en.wikipedia.org/wiki/Coram_nobis

  5. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Since your matter went to trial in 2009, it is likely your file is archived so it may take a while. In addition, it may need to be redacted so that may take even longer.

    You may wish to meet with an attorney to review the case with you to determine what your next step is for the specific goal(s) you are trying to meet. Many respectable attorneys provide free consultation. My suggestion is to meet with at least one.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  6. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . I agree with the other attorneys. Good luck with your habeas petition!

  7. Brian Russell Michaels

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Whether it's a public defender or a private attorney, on demand, an attorney has to turn over a copy of your file to you. If you have any records on your case figure out which attorney handled your case and send that attorney a personal written demand, sent certified mail. You can use the California State Bar website to locate the attorney. If you then do not get the file, file a State Bar complaint. That will get you the file.

    Brian Michaels
    Los Angeles Criminal Defense Attorney
    www.socalcrimdefense.com
    3109919179

  8. Michael Douglas Shafer

    Contributor Level 20

    3

    Lawyers agree

    Answered . Forget Habeas corpus- you are not in custody.

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