What exactly does "notice of state discovery & demand for recipical" mean in a criminal case?

Asked over 3 years ago - Jacksonville, FL

There's 3 codefendants charged with several felonies for grand theft, burglary etc. 2 of which have 10 or more charges & all say state discovery demand for recipicol & the 3rd guy only has 3 charges to which none say notice of discovery! Why is this?

Attorney answers (3)

  1. Jeffrey David Boston

    Pro

    Contributor Level 13

    Answered . "Discovery" is all of the information pertinent to the case that is in the possession of the prosecution (the "state"). Reciprocal discovery is any information the defense has that is pertinent to the case, and that information is to be forwarded to the prosecution.

    There is also supplemental discovery, which is any additional information that comes to light after a file has been established at the prosector's (state attorney) office. Both the prosecution and the defense may come across supplemental discovery. A good example is the name of a witness.

    Dealing with discovery is what your attorney will do, and you are entitled to a copy of the discovery.

  2. Matthew Phillip Konecky

    Contributor Level 15

    Answered . I agree with the other attorney. Discovery is the evidence that will be used in your case. Your attorney will handle all discoverable matters. Speak to your attorney about what is contained in the discovery submission.

  3. Patrick Norman Bailey

    Contributor Level 11

    Answered . Once a Defendant elects to participate in the Discovery process then they have an obligation under the Florida Rules of Criminal Procedure to provide the State reciprocal discovery (which is any information it intends to introduce at trial). In some instances the Defendant and his Attorney may not elect to participate in discovery and therefore not required to provide reciprocal discovery to the State, in a strategic move (very rare move however). It could also be that the discovery demand on the 3rd co-defendant has not been filed yet or maybe in the clerk's office lost.

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