Legal Question in Criminal Law in California
If the police claimed in the police report that they have an audio/video confession from the defendant but have yet to provide the defense attorney with the recording after 2 weeks knowing that the preliminary hearing is in 1 day . Is it possible they do not actually have it recorded ?
3 Answers from Attorneys
Or it is possible they are not turning it over to the defendant. The defense attorney needs to be aggressive about discovery, and file motions to compel if necessary.
Anything is possible.
There is a requirement that the prosecution turn everything over to the defense at least 30 days before trial. Case law within the past few years indicates that applies to before preliminary hearing in many, but not necessarily all situations.
If they plan on using the statement at prelim, they better disclose it.
Related Questions & Answers
-
What is the statue of limitation for a 15 year old case? Asked 8/27/13, 5:23 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
