Legal Question in Criminal Law in California

Re: Discovery Deadline

I would make a motion to dismiss if the prosecution's conduct is reckless or in flagrant disregard of the court order.

Feel free to contact me if you would like to discuss this further. Best of luck.

Re: Discovery Deadline

You get what you pay for.

Re: Discovery Deadline

Unfortunately, you are not entitled to have your case dismissed just because the police and/or the prosecutor are not exactly on top of producing discovery in a timely manner. Generally speaking, dismissal can occur only in most extreme cases where the withdrawal of relevant evidence is deliberate, willful and without any reasonable excuse. Also, you must first obtain a court's order to compel discovery, and then have prosecution violate it, before any radical remedy such as dismissal can be applied.

Hope this helps.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Discovery Deadline

There are many reasons why your discovery may have been delayed. If you are speaking about the initial discovery packet - police report, complaint or information, rap sheet, witness list - Yes, you should have received that on your first court appearance.

If you're referring to more particularized discovery (which I suspect you are because you mention a subpoena being issued), then there could be many reasons that are causing the delay. Contrary to MIKE STONE - who never misses an opportunity to bash a public defender - it may have nothing to with the quality of your PD's work.

Indeed, depending on what documents have been subpoenaed, it may not be in your interest for the court to see them.

You really need to speak with your PD -s/he should be able to explain what is going on and whether the time is right for a motion to dismiss.

If you can't get a satisfying answer from your PD, you can always hire a private attorney - but PLEASE don't assume that just because they charge you means that they're any good. Do your homework and pick someone who will fight for you.