Legal Question in Criminal Law in Maryland

If your PD received your discovery packet on 6/29 and the state says they have a video they have for evidence, How long does the state have to present the PD with a copy? It has been over 30 days and the PD has asked them for this video at least 6 times..


Asked on 8/06/09, 4:16 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

The Maryland Rules of discovery require the state has to tell the defense about the video, but the rules do not require the state to produce it, unless it tends to show the defandant did not commit the offense, mitigates the defendant's guilt, or impeaches a witness' credibility. It does not say give a copy.

Frequently disputes arise between opposing lawyers about precisely what must be done to comply with the rules. If a lawyer disputes that opposing counsel has complied, then the lawyer may file a motion to compel discovery. However, courts expect lawyers to try to resolve these situations among themselves first.

Perhaps you and your lawyer could make an appointment to watch the video at the State's Attorney's Office.

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Answered on 8/11/09, 5:14 pm


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