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How do I go about obtaining the evidence against me in a criminal case?

Port Saint Lucie, FL |

currently involved in a criminal case in which I was appointed a public defender. Was curious on how i can view the evidence against me in this case. every time I call my public defender she is not available to answer this question herself.

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Attorney answers 6

Posted

I would simply request a copy of the discovery from your public defender. As a former public defender, I was generally more than happy to share discovery with my clients. It often facilitated great discussions about the strengths and weaknesses of the case against them and potential defenses.

It is worth noting there may certain aspects of the discovery that must be redacted like social security numbers, dates of birth, etc.

Good luck with your current situation.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

Posted

Just request a copy of it from your attorney. If you do not have an attorney or if your attorney will not cooperate, bring it up with the judge.

Posted

I suggest you call the PD's office and ask your lawyer's Legal Assistant. The Assistant can secure a copy of the discovery and mail it to you and can schedule an appointment for you to meet with your PD and discuss the case once you've had a chance to review it. This is a necessary step in the process and one that will assist you both in addressing the case properly.

Good Luck!

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

Posted

I agree. Call your public defender's assistant and ask for a copy of your discovery. You have an absolute right to see your discovery. If that doesn't work, then call a supervisor at the public
defender's office. If that doesn't work, then at your next court date, ask the Judge to have your public defender provide you the discovery.

Posted

I agree with the other attorneys' responses. Try showing up at the PD's office and asking the receptionist to notify the legal assistant that you are there to pick up discovery. It is possible that discovery has not yet been provided to the PD. If that is the case, ask the assistant to notify you as soon as discovery arrives. Good Luck!

Posted

I agree with my colleagues. If you are unable to reach your public defender, and you get no response from his/ her legal assistant, you may also put your request in writing or try speaking to the supervisor. Otherwise, hire a private attorney if you are able. One of the benefits to hiring a private attorney is the ability to access information about your case quickly. Public defenders have very high caseloads. I should know, I used to be one. Best of luck!

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.