Legal Question in Criminal Law in Indiana

Re: discovery

A motion for mistrial is usually made during the course of the trial because of something happening which unreasonably prejudices the case.

However, discovery usually is to be completed or started with 30 days of the motion or request being made by the defense. Some courts have standing orders regarding this issue. Your attorney should be familar with this. Many times the courts will also use the omnibus date for this purpose as well.

If the state is not producing discovery, then it is possible to move to compel asking the court to impose sanctions if the state refuses to do so. Those sanctions could include denying the state use of the evidenceif they have failed to share this information with your lawyer.

Other issues may be advanced by way of of defense discovery tools such as depositions and pretrial motions. If the matter goes to trial it be possible to exlude certain evidence on the basis of improper procedure. Your case would have to be fully reviewed for such a definitive answer,

Be sure to disuss these issues of concern with your attorney. He or she may addressing them. If your are still not statisfied after such a discussion, you may wish to seek out other counsel. However, this is solely your decision.