I am going to trial for a misdemeanor charge and my lawyer and I had missed communication about what I was to do. I emailed important documents to prove my case medical , employment, and personal letters and references. My public defender failed to tell me he needed the originals in his office by a certain date. He says that everything I provided is now not admissible. What can I do?
You may need to hire an attorney to review what happened. If those documents were critical to your defense, the judge should continue the trial. If he/she doesn't, the case could be appealed for ineffective assistance of counsel. I would talk to your current attorney and figure out the miscommunication and let them know how important those documents are for your case. I'd probably consult with a different attorney to take a look at what happened. Good luck!
The information contained in my post is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
All evidence for trial is supposed to be provided more than 10 days before trial. If the evidence is really that necessary to your defense you should still ask your attorney to provide it to the prosecutor prior to trial. The prosecutor will most likely try to prevent its admission at trial, but if the attorney tells the court that it was their fault for not providing it timely the judge may still allow it, they may grant the prosecutor a continuance of the trial to review the evidence. The judge may just prevent its admission, but you would likely create a good issue for an appeal. You should also consult with a private criminal defense attorney as it may be better having another attorney arguing the evidence's introduction, especially if your current attorney won't admit it was his fault. Good luck.
While the rules require all disclosure to be made by a certain point, there are appropriate remedies to acquire or submit information to the court. You need to talk with the attorney about this. One remedy may be the continuation of the trial; while another may be precluding of the evidence entirely.
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