Misdemeanor battery charge. If I enter into discovery w/opposition is there a date prior to trial that I must make...

Asked about 2 years ago - Orlando, FL

is there a date prior to trial by which I must submit something in to the case file that I want to use as evidence? In other words, Is there a rule like if you dont give your photos etc. for review 10 days before trial you cannot use it?

Attorney answers (5)

  1. William David Umansky


    Contributor Level 19


    Lawyers agree


    Answered . Both of my colleagues are correct but please be careful before you decide what evidence you think is helpful. You should consult with a lawyer before you disclose evidence that can potentially incriminate yourself. iIam not suggesting that your evidence is incriminating but I am suggesting you think about it very carefully and speak to legal counsel. Good luck to you!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Bryce Aric Fetter

    Contributor Level 15


    Lawyers agree

    Answered . Yes. You do not want to do this yourself though. It's like giving yourself a root canal. You are allowed to do it but it never turns out well. www.BryceFetter.com

  3. Dana M Moss

    Contributor Level 11


    Lawyers agree


    Answered . If you elect to participate in discovery, you have a duty to disclose the materials in your possession within fifteen days of the State disclosing it's evidence, per the Florida Rules of Criminal Procedure 3.220 (d). You also have a continuing duty to promptly supplement your discovery as new material becomes available.
    These rules were intended to prevent one party from ambushing the other. You cannot wait until the very end to spring your evidence on the other side. The other side has the right to inspect the evidence and files motions to the challenge the evidence. If you delay sharing your evidence, you may face adverse effects.

  4. Mark H Randall


    Contributor Level 15


    Lawyers agree

    Answered . The other attorney's are correct. If you participate in Discovery with the SAO, in return for finding out about the evidence and witnesses against you, you must inform the prosecutor about evidence and witnesses that you intend to use in your defense. You should not file anything until you clear it with your attorney. It may come back to bite you!!!!!

  5. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyers agree

    Answered . You have answers from four good Florida Criminal Defense lawyers. I am writing to emphasize that you should not be trying to do this by yourself. If you make a mistake here, it probably cannot be fixed.

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    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only. See “more” link below for more.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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