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What happens if discovery is not received by trial date?

Beaufort, SC |

Criminal trial coming up on 4/10/12 with jury strike on 4/6/12.
Defendant (pro se) filed Motion for Continuance on 3/6/12, which was granted. On that date, and upon notification that the Continuance was granted, Defendant served a Rule 5/Brady Motion for Discovery on Solicitor’s Office. To date, discovery has not been received by Defendant.
What happens if it is not received by 4/6/12? Can it be continued?

Attorney Answers 1


Continuances are usually within the judge's discretion. I can't tell from your question if the pro se defendant received no discovery at all, or just wants more than was provided originally. Filing a motion to compel the state to provide discovery and asking for a continuance as an alternative would be my strategy. But I don't know how SC works.

I do know that it is very very difficult to win a trial pro se.

My answer to your question is based on the facts that you provide in your question. Additional factual details about your situation could change my answer completely. The law in inherently uncertain and always subject to change.

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Thank you for your response. The Defendant has not received any discovery at all to date, and he is concerned that the State will wait until the very last minute to provide it, leaving him with a day or two to go over everything. (Would the Court consider a day or two adequate time to review the State’s evidence and build his defense?) There is no physical evidence that any abuse occurred. No photos were taken of the victim. The “victim” has already told the investigator and the victim’s advocate that she was never abused or injured, and that she will not testify against him. The State’s witness, who actually physically assaulted the Defendant as far as to put him in the hospital with a broken face, stated to police that he “thought” he saw the Defendant hit the victim.

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