Legal Question in Criminal Law in California
I am accused of violating a court order by an ex-party and I had a Public Defender defend me.The P.D. collected State witness statements which favored my defense. The statements were very inconsistent compared to other interviews as well as were obviously fabricated. The P.D. also agreed stating; yes it appears as if they are lying. Well the P.D. and I did not agree on several issues along with his unethical behavior. I had to obtain private counsel. Because we did not end on amicable terms, the P.D. is now saying my P.D. hard case file is missing along with the witness statement evidence. I know there is a digital copy somewhere. My attorney has requested three times for the discovery with no luck. Is the P.D. required to hand over this evidence that was collected by his team during the time the P.D. was representing me? Should I file a complaint with the presiding Judge, Police or D.A.�s office pertaining to tampering with evidence, obstruction as well as his unethical behavior? Whom and where should I file such a complaint to? This evidence is very important to my case. How do I get it back. Please advise, Thank You�.
1 Answer from Attorneys
Have your attorney file a tort claim with the county (within 6 months) for legal malpractice. I bet your file turns up within a day or two.
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