Legal Question in Criminal Law in Florida
Is it normal for a lawyer to let the state Attroney get all the eveidence and then she will get the eveidence for my case from them
1 Answer from Attorneys
Disclosure of evidence is mandatory under the rules of criminal procedure. Whatever evidence the State has, has to be provided to the defense. The defense likewise has to provide evidence to the State. If the either party doesn't provide existing evidence, it may lead to evidence being deemed unusable in trial or depending on the severity of the lack of disclosure, even up to dismissal of the case.
Which side gives discovery first is not really relevant, although it may be wise to review what evidence The State has before disclosing duplicates to them.
If you have any other questions, feel free to call my office.
321 252 4396.
I offer free initial consultations.
Thank you,
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