My son was denied the right to see the evidence against him in a case for possession of juvenile pornography. His case was also sent to juvenile for preliminary hearing when there was no physical victim. This was a non-violent crime. Court appointed Psychiatrist said his own c hildhood rape was the core of his offenses a
nd he does not meet the criteria of a pedophile. Another psychiatrist said that because of his childhood trauma he was extremely emotionally immature.
One accused of a crime gets to see the evidence against him during the course of a trial. Prior to that, there is a discovery process. At the preliminary hearing stage, one only has the right to obtain statements he made to law enforcement and his criminal record. In addition, the prosecutor must disclose "exclupatory" material known to him upon the request of the acccused. After the preliminary hearing, there are broader discovery rights, but they are still someone limited. The accused also has the ability to subpoeana witnesses and documents, which is a discovery tool.
An increasing number of prosecutors have adopted an "open file" policy for discovery wherein they will share all the information they have to the accused. This almost always provides more information than the minimum mandated by law.
If you son does not have an attorney, he needs one.
If your son has been charged as a juvenile he needs to retain a lawyer. That lawyer will know what must be provided in discovery which has already been explained by Attorney Oblon. Otherwise, follow advice of counsel.
An attorney-client relationship is only created by retaining my legal services. Also, none of my answers to questions on this forum should be considered legal advice.
There is probably more going on than this. He needs an attorney.
This is just general legal information and not legal advice. It does not constitute attorney-client relationship.
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