Legal Question in Criminal Law in California

Robbery with pelete gun

my newphew was arrested two and a half months ago he has been held in jail when he goes court his public defender ask for continue because he does not have all of the discover is their a limitaton on how the da has to turn over all of the discover


Asked on 4/04/09, 6:54 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: Robbery with pelete gun

It's a tough spot to be in - your nephew's attorney doesn't want to go forward without all the reports and discovery (for good reason), but your nephew has been locked up for 2 1/2 months already, just waiting.

The Penal Code says that the DA has to turn over information 30 days before trial. Case law says they have to turn things over before a preliminary hearing, too.

Your nephew's PD should be demanding the discovery in formal motions or filing a motion to dismiss the case.

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Answered on 4/05/09, 2:38 am


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