I am charged with possession of meth. A deposition was giving to a sherriff regaurding who handed him a packet of meth in the hospital emergency room. The sherriff did not remeber in deposition. In a deposition that I have from someplace else list the sherriff initially found the meth. That sherriff is not the one listed in discovery the state gave us. The prosecutors handed over discovery list another sherriff that found the meth or collected the meth from the hospital personal. Can the charge be dismissed based on the wrong sherriff was disposed on who actually collected the meth? Or dismissed regaurding the inital sherriff that found the meth wasn't listed in the discovery? My lawyer hasn't mentioned anything regarding that issue.
Please bear with me I can tell I use to be meantally faster, my thought process was more professional meantally prior to being assulted in the head and hit by SUV going 45 mph. No I'm not on any drugs as insinuated in prior question.
You have asked several questions about your felony possession charge online and for all of them the ansewr is going to be the same....
No cyber-lawyer can offer you an informed and responsible opinion on your case.
4th Amendment analysis (and procedural matters such as those which you are asking about) are case specific and require a full and complete analysis of all of the facts and circumstances.
You have a lawyer and you need to address your case specific questions to your lawyer.
Discovery violations are decided by the Judge and if any sanction is to be imposed then it is the Judge who will determine what is appropriate under the circumstances. Dismissal is almost never heard of.
Again, I strongly encourage you to ask YOUR (caps intentional) lawyer, and only your lawyer, these questions.
Anything less is a) irresponsible (your criminal case is sacrosanct and should not be discussed publicly), b) not likely to result in a competent or accurate answer (no one except your lawyer is intimate enough with the facts and circumstances of you and your case to offer up competent and responsible advise) and is also c) an affront to the attorney-client relationship.
I am 100% certain that if I were your lawyer then I would be none too happy about you asking questions about your case of other lawyers, especially on the internet.
Not withstanding my advise (i.e. that you please get offline and into your lawyer's office), still, I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
A discovery violation can, but rarely does, result in the dismissal of charges. Other less severe sanctions can usually cure the problem and ensure that the defendant receives a fair trial, not trial by ambush. In your case, you already know that the "initial" deputy that found the meth was not listed in discovery. You already know about him, so how have you been harmed by the State's oversight?
You should be addressing your questions and concerns to your lawyer. I hope you have found this response helpful.
If you have found this answer helpful, please let AVVO know. This response is a general answer to a question posed by an unidentified person and is therefore not case-specific. It is not intended to and does not create an attorney-client relationship between the answerer and anyone viewing the response.
You already have an attorney and should ask that person any and all questions you have about your case.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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