Legal Question in Criminal Law in Maryland
Discovery packet
How long does the state have to send the discovery packet if the 30 days has expired for assault charges? Does the lawyer need to put in more paper work after the 30 days is up?
1 Answer from Attorneys
Re: Discovery packet
In district court the deadline is "before trial." In circuit court within 15 days of service of the motion. Keep in mind that the obligation to disclose is continuing. For instance, if a party does not receive discoverable material until after the deadline, then that party honors the rule by disclosing that material as soon as it practically can.
Violation of discovery rules usually results in continuance or postponement of the trial, in order to comply with the rules, instead of dismissal of the charges with prejudice (meaning that the charges may not be refiled).
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