it is a misdemeanor in the 37th district court in michigan. Are there any other cases that can be refered to in this matter.. are there any time limits for response from prosecution. and why can it be denied by the judge?
There isn't a disovery rule that applies to misdemeanor cases as a whole (however, there are a few by statute, i.e. BAC tests in OWI cases). The Court Rule with respect to discovery only applies to felony cases. With that said, it's going to depend on what type of discovery you're asking for. Some things are protected by privledge and cannot be turned over to you. With some other things, if the prosecution isn't going to use it to prove it's case against you and the discovery you request doesn't tend to show you are innocent (exculpatory), they're probably not going to have to turn it over. In addition, if the discovery that you request is something that you can get yourself, you're going to have to get it yourself as the prosecutor isn't required to gather it for you. There aren't any set time limits for discovery in District Court; it all goes to inherent fairness. You can ask the court by motion to order the prosecutor to turn it over if it otherwise can be and they simply won't. The remedy for discovery violations isn't set in stone. There is no requirement for dismissal or suppression of evidence and, in fact, appellate cases suggest that these should only be used in the most egregious cases. So, I suggest that you ask your lawyers what reason was given by the prosecutor for not providing the discovery that you've requested. Good luck.
Your attorney can file a motion to compel discovery. A motion for dismissal is unlikely to be granted in Warren District Court. If a dismissal was granted it is likely to be without prejudice, which means you can be recharged for the same offense and this would not violate double jeopardy. In most instances the Prosecutor is obligated both legally and ethically to provide your attorney with any relevant discovery that is requested, especially when the information is exculpatory. The case could possibly be reversed on appeal if the Prosecutor did not provide discovery to you sufficiently in advance of trial. Discovery can be denied in some cases when it involves the identity of a confidential informant, the discovery sought concerns an ongoing investigation, if the information is subject to a privilege, etc.
Unlike felony cases, there is not a Court Rule that specifically delineates the number of days in which discovery must be provided for misdemeanor cases. In some cases your attorney can get the information sought through other sources (subpoenas, freedom of information act, etc.).
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