Legal Question in Criminal Law in Georgia

how to i obtain a discovery packet without the assistance of an attorney?

also , the incident report for the charge didn't say anything about the alleged in it,

but at the end of the incident report it said something to the extent of "see detective's report .. continued". where can i find and obtain this report?


Asked on 1/04/11, 2:50 pm

2 Answers from Attorneys

Lawrence Lewis Lawrence Lewis, P.C.

The incident report is the arrest report, and will often refer to the detective's report, which is the more formal report. You cannot get the investigator's report without an attorney until the case is indicted or accused. In reality, only a few special, reputable attorneys can get the reports before indictment or accusation. After the case is indicted or accused, you can file a discovery motion on your own, and get a copy of the discovery. However, when I hear that you want your discovery without an attorney being involved, I think to myself would you be crazy enough ask about getting a medical book on how to remove a mole without a doctor. You cannot do everything yourself, even if you are bright. You know how I know I am right. You had to write to figure out how to get your discovery, when the procedure is written in the Georgia Code. QUESTION: How are you going to ascertain when the case is accused or indicted? I suggest you find an attorney. After you or your loved one enters a not guilty plea at arraignment and files a motion for discovery (and actually gets the discovery), do you know what pre-trial motions you will have to file based on that discovery? Probably not. Do you know the time limit on when those pre-trial motions need to be filed? Probably not. Do you know what motions you need to file after you miss your time limits to persuade the judge to not preclude you from filing pre-trial motions, which might make the entire case go away? Probably not. I wish you the best, but maybe you should hire an attorney.

Lawrence

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Answered on 1/09/11, 3:38 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as a "discovery packet form".

If you are charged in a criminal case you have two options: (1) make sure that things go badly for you by representing yourself, or (2) hire a lawyer who may help improve the outcome.

As Lawrence noted, you will likely ruin your case, if not your life, proceeding without counsel. Nothing is more important than hiring counsel and even one day after arrest is one day too late.

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Answered on 1/09/11, 3:59 pm


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