State's time to submit evidence to the Defense.

Asked over 4 years ago - Clermont, FL

After the initial arrest, how long does the State have to submit evidence to the Defense. During my arrest and Miranda rights were read, I gave a statement to the arresting officer, this was in Feb. 2010. My Defense team as yet to receive a transcript of that statement from the State and we are now in May. Because of that, my case is prolonged and a secondary hearing has been scheduled.

Attorney answers (2)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . The above is correct. It's all too common for the state to drag its feet getting discovery to the defendant. As long as your attorney is on top of it and complaining to the judge, there isn't much else you can do.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. Stephen Andrew Mosca

    Pro

    Contributor Level 17

    Answered . Technically, once a notice of discovery is filed, the State has 15 days to deliver what they have. However, this deadline often passes without full delivery. Instead, what happens is that the defense complains to the court, the court inquires of the State, the State promises to deliver, and the court grants enough additional time so as to provide the defense with 15 days to analyze and use the discovery from the date of delivery. Is this the proper way to proceed? Technically, no. However, it is the common practice, at least in my circuit.

    This can be complicated further by speedy trial. If speedy trial is waived then there are no real limits to the delay game. If speedy has not been waived, then there can be a problem for the State or the defense depending on how the judge makes rulings. Generally, if discovery is so late, and so close to trial, that the defense can claim prejudice, the remedy is supposed to be that the evidence is excluded from being used at trial. However, this rarely happens either. Instead, the judge usually rules in a way that has an appearance of fairness to the defense but results in an actual advantage to the State, when all is said and done.

    Good luck with your case. Ask your defense team to explain what a Richardson hearing is and if one is called for in your circumstances. And figure all discovery delays in raltion to the status of speedy trial. This answer provided for educational purposes only.

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