Legal Question in Criminal Law in Illinois

Obtaining the States Evidence

Do I have the right to get the states evidence on my sisters case? The PD will not return any of my phone calls. Do I have right to this information? How do I get it?


Asked on 8/27/07, 2:10 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Obtaining the States Evidence

In the State of Illinois, even a party is not entitled to the state's evidence, commonly called discovery. That is by Supreme Court Rule. She may review it with her lawyer, but she can't have it. You, certainly, are not even entitled to review it, unless you are a lawyer and file an appearance on her behalf.

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Answered on 8/28/07, 4:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Obtaining the States Evidence

If your sister is represented by the public defender then she would have to instruct the public defender to share his file with you. Your sister is entitled to it, so she could just get it and share it with you. Otherwise, the public defender has a duty not to share anything with you since you are not the client.

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Answered on 8/27/07, 10:23 pm


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