Legal Question in Criminal Law in California

Robbery with pelete gun

how long does the da have to turn over evidence in a case. my newphew has been locked up for two months his public defender keeps asking for a continuos because he does not have all of the evidence


Asked on 4/04/09, 6:59 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: Robbery with pelete gun

The Penal Code calls for disclosure of evidence 30 days before trial. The DA also has an obligation to turn over any materials that are exculpatory (can free the accused) or even beneficial.

Your nephew's attorney should be demanding the discovery and filing a formal motion to compel discovery or dismissal of the case for non-compliance.

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Answered on 4/05/09, 2:19 am


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