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How long after being served a direct indictment is allowed before they must give discovery

Bardstown, KY |
Attorney answers 3

Posted

I assume you have retained a criminal defense attorney, if not, you should do so ASAP. Discovery is not set per se by Criminal Rule, but deadlines may be set by the presiding Circuit Court Judge. Usually discovery is provided within weeks of the return of the Indictment. Speak with your attorney who can file motions to produce per RCr 7.24 and RCr 7.26, and for a Bill of Particulars and Grand Jury transcript.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Posted

It is required to be at the very latest 48 hours prior to trial but no set date after indictment. Generally a judge will sustain a motion for discovery and require it by a date certain. Your lawyer should be able to assist you.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

Posted

Your attorney will file a motion in court requesting discovery. If it is not complied with the attorney will seek a hearing on the matter. This is a crucial aspect to the case so speak to your attorney concerning the process.