Legal Question in Criminal Law in Arizona

disclosure

My boyfriend just signed a plea agreement just before he went to trial. The prosecutor told him the morning the trial was to begin that he had better take the plea because they had 'someone coming in shortly to testify for the state'. Is the prosecution allowed to have a person come in at the last minute and testify for the state - not letting the defendent know who it is, or what there testimony might entail??

Also my boyfriend never was able to see the prosecutions ''disclosure''. He asked several times to see it and was given answers by his own public defender like ''the prosecutor emailed me with this information that he says is on the disclosure.'' The last time my boyfriend asked his public defender about the disclosure they were in the courtroom and she told him ''I only have one copy''. She did not read it to him, or offer it to him to look at.

Is there some kind of law stating the defendent has a right to review the prosecutors disclosure prior to the signing of a plea bargain?? I would sincerely appreciate any help with this question.


Asked on 4/29/05, 8:13 am

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: disclosure

Arizona Rule of Criminal Procedure 15.8. explains: "If the prosecution has imposed a plea deadline in a case . . . filed in Superior Court, but does not provide the defense with . . . disclosure . . . at least 30 days prior to the plea deadline. . . . If the court determines that the prosecutor's failure to provide such disclosure materially impacted the defendant's decision and the prosecutor declines to reinstate the lapsed plea offer, the presumptive minimum sanction shall be preclusion form admission at trial of any evidence not disclosed at least 30 days prior to the deadline."

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Answered on 4/29/05, 12:22 pm


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