Legal Question in Criminal Law in Florida
Evidence, depositions,witnesses
If a lawyer request the prosecutor to give him any imformation on the above . . .how long should the lawyer wait for the prosecutor to give an answer?What if a prosecutor ignores the lawyer and never, never give an answer,regarding any of the above ? If the prosecutor really had any imformation,why would he want to keep it as a ''big secret''?
1 Answer from Attorneys
Re: Evidence, depositions,witnesses
Typically, once the attorney of record requests "discovery" be provided, the State Attorney must provide the requested information within 15 days. This almost never happens and is rarely enforced due to the State not having all the documents/evidence from the arresting agency. that having been said, if it is never provided by the State, your attorney can file a Motion to Compel, etc. and have a judge order its delivery. The State Attorney can not use evidence that is not provided to the Defense. No Secrets allowed.
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