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Ok so we are going to a supressing hearing and my husband wants to know if before that date can he get his discovery

Bronx, NY |
Filed under: Criminal defense

The problem is that we are going to a supressing hearing in westchester county but were from the bronx and my husband says he wants his discovery before he goes to that hearing so he knows whatrd the evidence they got on him his lawyer says that if all goes well at the hearing which he thinks will the ada case falls apart 90%

Attorney Answers 4

Posted

His lawyer should be in possessions of the discovery required to be turned over by law. He should meet with his attorney to discuss these issues. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

They generally do not give discovery in advance. He should speak to his attorney about this issue.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Never trust a lawyer who gives you odds.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

A defendant obtains disclosure prior to a suppression hearing by demand for disclosure, and then possibly more when the omnibus motion with disclosure motion is made. Further, at the commencement of the hearing or a witness' testimony, he gets any records or statements made by the prospective witness which may reflect upon his or her testimony. Regardless of the odds given to you, you have to assess what your risk tolerance is since it differs with each person and with that person's alternatives available.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

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