Legal Question in Criminal Law in California

What is the difference between grand theft auto and stolen vehical? how long does the d.a. have until he has to hand over any and all information that can and will be used in the trail as proff? all of it has been requested by my friends attorney months ago so they can go over it before trial. can the d.a. hold onto it until they go to trial and then say he found it? as my friend has sat in jail for 6 months waiting for the d.a. to give him or his lawyler the information they requested. the d.a. keeps saying that he cannot find the tapes or his witnesses, how long can the d.a. keep doing this? how long exactly does he have til he has to hand over the evidence so my friend can make an informed decision about his life? thank you so much


Asked on 2/18/12, 10:17 am

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

I'm not sure what you are referring to about the differences between the 2 charges. Grand theft auto is the same as taking a car without the permission of the owner. They are Felonies holding 3 years of poential time in prison. As for DA's and their duties to hand over info, they must turn over anything they anticipate using at trial, at least 30 days before trial. If your friend is in jail, he does NOT have to waive time, and can force the case to go to trial. Only if the DA convinces the judge, over your friends objection, that they have "Good Cause" for a continuance, can they get continuances, beyond 30 days from when you no longer "waive time.". I wish your friend the best...... David Wallin

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Answered on 2/18/12, 10:43 am
Terry A. Nelson Nelson & Lawless

Your 'friend's attorney' needs to research the court rules and law on discovery and take necessary action to get what he wants if he intends to properly represent the client.

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Answered on 2/18/12, 1:34 pm


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