Legal Question in Criminal Law in South Carolina

Motion Of Discovery

I have a friend in county jail. He is wondering how to obtain a motion of discovery. Also, how long should it take? The only evidence against him is a known associates statement who was arrested first on the same charges. Is this evidence enough to obtain an arrest warrant? Also how would my friend be able to get into court faster? He has 53 charges ranging from petit larcny to auto breaking. Is there anyway he could possibly get these charges combined? He has a public defender who has been to see him once, will not return calls, how would he go about filing for a different attorney?


Asked on 12/31/04, 2:23 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Motion Of Discovery

A motion is basically a form requesting "discovery." It can be done in the form of a letter. However, since he is represented by an attorney and the attorney has already requested discovery, they may be reluctant to send it twice. Discovery takes different amounts of time. The rules require it in 30 days, but that rule is often extended. Warrants are issued on probable cause. A person's statement can and is probable cause, legally speaking. To get charges combined, it would have to be the "same act or occurance" if the case when to trial. If a plea negotiation were worked out, then they could all be handled at once, assuming they are all pending in the same court. To get a new lawyer, he needs to either file a motion for a new lawyer or just hire one and the new lawyer can facilitate the transfer of attorneys. Good luck.

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Answered on 12/31/04, 11:21 am


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