What happens if discovery is not received by trial date?

Asked over 2 years ago - 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)

  1. Mark P. Maciolek

    Contributor Level 13

    Answered . 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... more

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