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My arraignment hearing is on Monday. My attorney has not recieved the discovery from prosecution. It was just filed today.

Mays Landing, NJ |

The prosecution was suppose to have the discovery report ready weeks ago but they filed it wrong. My attorney said that it was only 1 page so he called the prosecutor. The prosecutor said that it was a mistake and not to use what was filed. So Today the prosecutor finally filed a correct discovery report. However my attorney did not have the time to pick it up today (friday). Monday morning I have a arraignment hearing. I know that I'm not guilty but I feel uncomfortable because I havent seen the discovery report. I have been accused of theft by deception. I have an internet business and some customers claim that they never got their orders or refund. What should I do? Shouldn'tn I at least review the report before I speak to the Judge. Can an arraignment be postponed?

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Attorney answers 2

Best Answer

Assuming your case is being heard in the Superior Court as an indictable offense, your attorney should have been able to get discovery from the County Prosecutors' Office prior to your arraignment. However, the arraignment process is usually the first formal appearance after you have been charged, and final resolution of a case on the arraignment date is the exception - not the rule. In New Jersey, the next formally scheduled proceedings before a Trial date are an Arraignment Status Conference, and then a Pretrial Conference. Relax, your attorney will have plenty of opportunity to obtain discovery on your behalf, and no judge in New Jersey will make you proceed with your case without your having reviewed it. Furthermore, if you are in fact guilty of the offense charged and you have no prior criminal history, you should discuss with your attorney the possibility of your being accepted into the Pre-Trial Intervention Program (PTI). This is a diversionary program which allows you to avoid a criminal conviction. One of the conditions of your acceptance may be that you make restitution of the moneys wrongfully withheld form your customers. Good luck!


The discovery phase of a criminal trial doesn't start until after the arraignment when a not guilty plea is entered. Are you sure Monday's hearing is an arraignment and not something else? If it is an arraignment, you're getting ahead of yourself.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.