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What right does the Public Defender have to criminal information that is not a part of discovery and has no relevance to a case?

Martinez, CA |

Is there a legal obligation to turn over information of a criminal nature to a Public Defender that is not public record? The information being requested has no barring on the case and seems like a fishing expedition. Please be specific, pc codes, etc, either way. Thank you for your assistance. .

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Attorney answers 4

Posted

Without more information from you, it is very difficult to answer your question. Assuming you are writing this question as a defendant or family member or friend of a defendant, the public defender is "on your team," so it is good to cooperate with the public defender. The judgment and discretion of the public defender is hard to question or challenge or criticize without more facts from you.

Posted

You have not provided enough information to respond. Let the public defender do their job. Another attorney , without seeing the discovery or knowing more about the matter would be speculating .

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

Posted

A member if the public wouldn't have a legal obligation to provide information if any nature to a defense lawyer unless compelled by subpoena.
That having been said, it can be far less a hassle to provide information than come gang out in court in a weekday having responded to a subpoena.
The defense might want information related to witness impeachment, or non-admissible information that might lead to other admissible information, or you might not understand all the issues involved.
Discovery is provided through the DA. Investigation can happen in addition to Discovery.

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Posted

I am not sure I know what you are asking or why. The defense attorney--public defender or otherwise--has the obligation to investigate any lead that may assist the defense. To accomplish this, there are private investigators and the subpoena power of the court.

Without knowing more about the specific case and specific.information sought, there is no more detail that can be provided.

If you want more information, hire a local attorney to review the situation and give you an opinion.

Reliance on any information in this website is at the sole risk of the user and the user understands that he or she should consult with an attorney before taking a course of action based upon information contained in this website. The information on this website does not constitute an attorney-client relationship.

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