What's the best/fastest way to obtain copy Exculpatory Evidence before criminal case is finalized?

Asked 6 months ago - San Diego, CA

I'm a defendant in a criminal case, which is pending appeal decision for I.A.C. (failure to investigate). But before my case becomes finalized, I'd like to obtain or review the evidence trial counsel failed to do. Its a DVR video surveillance footage, which contains footage that would exonerate me from my charges.

My appeal counsel has tried obtaining a copy by going through the police property room, as that's where it's located. But since detective who was assigned to my case no longer working, they cant help . Now we're waiting to hear from the DA about it.

I fear my case will run out of time and become finalized before getting a copy of the surveillance; and the evidence will be returned to the real perpetrator.

Is there anything else I can do to better protect myself or evidence

Attorney answers (4)

  1. Jennifer J Wirsching

    Contributor Level 18

    5

    Lawyers agree

    Answered . Your appeal attorney is the person who can do this for you. If your appeal has already been filed and is "awaiting decision" then you likely cannot submit anything anyhow. You may have other remedies if your appeal is denied.

  2. David Philip Shapiro

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Yes. Continue to work with your appellate counsel.

  3. Stephen F Wallace

    Contributor Level 19

    4

    Lawyers agree

    Answered . If you filed the motion, you are on your way. Please work through your attorney.

  4. Jay Scott Finnecy

    Pro

    Contributor Level 20

    Answered . The answers the same no matter how many times you ask the question. The appellate attorney should handle it.

    Law Offices of Jay S. Finnecy (619) 855-3003.

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