Legal Question in Criminal Law in California

Re: Evidence

The DA is obligated to disclose any evidene that they intend to use in trial as well as any evidence that helps the defense.

Exactly how they do that may depend on local rules. Some DAs "make it available" for review. Others provide copies to defense counsel at a cost.

Re: Evidence

Sure, by submitting a timely request. But if you don't already know how to effectively represent yourself in court against an experienced prosecutor trying to put you in jail, what will you do with it once you get it? Most people hire an attorney that knows how to deal with the required pleadings, motions, hearings and trial. If serious about doing so, feel free to contact me.

Re: Evidence

Yes. However, the DA will generally not release the evidence to the person charged unless that person has indicated on the record that they will be representing themselves. At that point, the DA will release the evidence (discovery) to the "attorney of record." If you hire an attorney or if you are appointed a public defender the discovery will be released to that attorney. The DA's office generally requires a defense attorney to sign for the release of the discovery and also can and may charge for photocopies, copies of CD's, cassettes, floppy disks, etc...

Re: Evidence

Yes, a defendant is entitled to question and examine the evidence and the witnesses against him/her. Generally, it is up to the defense attorney to ensure that all evidence has been turned over to the defense.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com