Legal Question in Criminal Law in Florida
What happens if the state attorney has not given my attorney his "discovery." It was set for 15 working days after my arraignment on feb 26, and we still have not received anything
3 Answers from Attorneys
Your attorney can file a motion to compel the discovery. It is not uncommon for discovery to be provided late because the state attorneys have a very high caseload.
Speak to your attorney. You are entitled to discovery. Your attorney should be able to take the proper steps to obtain discovery including filing any necessary motions.
Your attorney should file a motion to compel the discovery. That would get the judge to specifically order the State to turn it over. That usually works. If the State still doesn't comply then they are violating the rules of criminal procedure and a court order so your attorney could take the appropriate steps to sanction the State.
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