Legal Question in Criminal Law in California

Re: Defendants Rights to case information.

The District Attorney will normally give the defendants' attornies a complete discovery package. The attornies then sit down with their clients, and look over the discovery. Demand for discovery is normally done by letter to the D.

A. if it is not forth coming. And when after the letter the discovery is not forth coming. The next step is to put on a motion. The defendants now also have to produce discovery for the D. A. Again this is done by their attorneys after they go over the case with their clients. It's as simple as that. The attorneys normally get busy shortly before trial. This is the problem. Some times the attorney(s) don't hire an outside investigator to find additional facts. If there were video tapes they need to be reviewed. Normally the D. A. makes them avalable, or makes copies for the defendants' attorneys to review with the defendants. Near the trial is when the attornies start getting a handle on the evidence (sometimes too late), and serious negotiations go on with the D. A. for some sort of plea bargain. My guess is the D. A. has already produced the evidence.

Re: Defendants Rights to case information.

Assuming that your parents are not getting any information from their attorneys they should contact the court and request a Marsden hearing. At this hearing they can tell the court why the attorney is not properly representing them. The judge will determine whether new attorneys should be appointed. The court could also order the attorneys to provide a copy of the police reports etc to your parents. California law prohibits attorneys from revealing the names and addresses of complaining parties and witnesses. The other information is available to the defendant.

Re: Defendants Rights to case information.

At the outset of a case, the parties exchange discovery. If further discovery is needed, a Motion should be made. I suggest you speak with your attorney a verify the stage of discovery and allow you to review what discovery he received.