Prosecutor Office Has No Paperwork on Charges
My nephew was stopped for expired tag and asked if he had been drinking and he said yes. He was arrested for 2nd DUI. He's been to court twice and both times prosecutor says they have no paperwork on his case. He has to go back for third time in one month. What happens if they can't find paperwork on his case? Is case dismissed? No one seems to be able to answer his questions.
1 Answer from Attorneys
Re: Prosecutor Office Has No Paperwork on Charges
Hello: In response to your question, I need to know what paperwork they are referring to. It could be simply the Information, which is the charging document. The State may have misplaced their file. Or, it could be all of the officer's reports. The State has to give the defense those reports...if they are demanded by the defense. If the State cannot provide such documents, they may have to dismiss the case. I have never seen a case where the State does not have the officer's reports.
Does your nephew have an atty? If so, he/she should be demanding the officer's paperwork. It may be necessary to take the officer's deposition. As I state, I doubt he can't get the officer's reports. If we can be of assistance, feel free to contact my office. I have handled hundreds of DUI cases, first as a prosecuter, then about 18 years as a defense atty. Take care. Tom Rosenblum
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