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Am I entitled to request discovery or evidence in a criminal case against myself while incarcerated?

Vineland, NJ |

This person has been arrested and charged with murder and conspiracy. Have not been assigned a public defender and does not have enough yet to cover the $40,000.00 retainer that has been requested for a criminal attorney. Can he begin the discovery process himself as a Pro Se party?

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Attorney answers 4

Posted

He can but should really retain an attorney.

Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 1415 Queen Anne Road, Suite 206, Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

Posted

He can, but it's not easy and requires qualifying as pro se. It's really not a good idea. He should apply for a public defender and wait until one is assigned. You should also call more lawyers and see if you can find someone for a lower retainer.

Posted

You have the right to request discovery. Also apply for the public defender. An attorney is necessary with these charges.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

Posted

He will be assigned a PD if a private attorney does not enter the case. He can decline and ask to represent himself down the road. That may be granted after a full hearing with the judge. In the mean time get the PD and have the PD get discovery (you do not have to pay for it then). 40K is reasonable for a retainer on a murder but many attorneys may start you less.

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