Legal Question in Criminal Law in Florida
How do i get all evidence the state has against me related to my case{crime seen pictures}etc. If it is not given to me or my lawyer can they use it during trial?
2 Answers from Attorneys
The state produces all evidence against you to your attorney prior to trial. There are no "Perry Mason" moments where either party busts out with some new suprise evidence or witness at trial. That is a thing of fiction.
There is a process where the state and the defendant exchange evidence. I'm a civil attorney, so the process is different, but the exchange of information is true in both types of law.
Please ask your attorney to keep you in the loop.
If you have an attorney, your attorney has probably filed a "Notice of Intent to Participate in Discovery" or something similar. If you don't have an attorney, you should file a similar notice yourself. Check out rule 3.220 of the Florida Rules of Criminal Procedure. They're online. Florida is a bit unusual in that the prosecution and defense must exchange evidence, police reports, videos, etc., and even allow depositions of everyone except the defendant in felonies, before the trial. If the exchange is held back or subverted, the evidence or witness testimony usually isn't allowed at trial. If your lawyer hasn't filed such a notice, it's usually to keep something from the prosecution. It's usually to create one of those "Perry Mason" moments.
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