I was recently charged with distribution of a controlled substance and arrested. The arresting agents stated that an informant purchased a quanity of narcotics from me and that they had audio and video of the trans action. In my motion of discovery it stated that the arresting officers had audio and video of this trans action.Yet I have not seen any such evidence and I would like to know if there are case statues that allow me to see the evidence prior to accepting a plea.The prosecutors have already sent me a plea offer. please respond as time allows you.Im looking for S.C case statues .
Sounds like you're acting as your own attorney which is a universally terrible idea. This information should be provided in discovery without extensive litigation. Here's the thing: You should have some idea of whether or not you made the sale. Retain an attorney to do this properly.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Yes, this is called "discovery". You have the right to request any evidence that may be used against you. Hire an attorney or get a public defender.
This is a somewhat of a hot button issue in many jurisdictions in South Carolina. Police have started holding back confidential informant (CI) videos from defendants claiming a danger to the CI. Some courts have allowed this to occur and in some cases I've seen they have allowed the attorney to to see the video but not the defendant which I think is problematic. A lot of this depends on the particular case and if they are unwilling to do so, make your motion before the court and let the judge rule on the issue before you accept or reject any so-called plea offers. Often times if you risk burning the CI working for police it can change the resolution of the case.
Mr Savage is correct. Most attorneys in other states are notaware of how very restrictive South Carolina is with regard to discovery in criminal cases. You will very probably shoot yourself in te foot if you push the issue, depending on te judge and the prosecutor. And attorney that practices inthe county of your charge is key.
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