Legal Question in Criminal Law in California

Pitches motion for discovery

Have you ever filed a pitches motion for discovery? Can such a motion backfire on the defendant? What type a situation would you recommend filing such a motion?

Thank you


Asked on 7/11/09, 2:18 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Pitches motion for discovery

NO, it won't 'backfire', it just may not produce anything of value to your case. It seldom does. If in SoCal courts, and if you're serious about getting legal help defending criminal charges, feel free to contact me.

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Answered on 7/12/09, 3:49 pm
Joe Dane Law Office of Joe Dane

Re: Pitches motion for discovery

There's no "backfiring.". If your attorney feels there is a legitimate motion, they will file it and go through the appropriate procedures.

Either the judge will find material to release or they won't.

They're filed most often in allegations of exessive force or if there is reason to believe an officer has a record of dishonesty.

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Answered on 7/11/09, 2:24 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Pitches motion for discovery

My offices have filed dozens of pitchess motions on behalf of our clients.We file such a motion , if, based on the conversations with our clients and/or witnesses, we believe the law enforcement officers involved either acted improperly in some way or may have fabricated some of the facts in our case. I don't believe such a motion can backfire. You either do get information that is good for your client or not. David Wallin

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Answered on 7/11/09, 3:06 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Pitches motion for discovery

Pitchess motions rarely backfire. That said, they are seldom successful in terms of generating good credible witnesses who are willing to come forth and testify against the officers, if needed. Most of the potential witnesses that you might get tend to be doing time in state prison.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/11/09, 4:39 pm


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