Legal Question in Criminal Law in California
Can the court ask a defendant being arraigned for under the influence of a controlled substance to enter a plea while being denied access to the arrest report and toxicology report? Also, is the public defender obligated to ask the judge for that information in the file?
Asked on 12/21/11, 6:42 am
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Don't use the public defender unless you intend to plead guilty.
Answered on 12/21/11, 7:47 am
Anthony Roach
Law Office of Anthony A. Roach
The prosecution normally hands over document such as the arrest report and the toxicology report at the arraignment. It is part of discovery. If the prosecution refuses, the defense can serve a demand, and if the demand is not met, can file a motion with the court to compel the discovery production.
Answered on 12/21/11, 8:03 am
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