Legal Question in Constitutional Law in Utah

Am I entitled to see the arrest warrant and or discovery?

Help! I believe we have a situation where public defenders are taking advantage of the citizens unable to pay for their own legal counsel. The abuse is so bad I have promised to keep the name of the defendant out of any investigation as she is convinced any request for information will ensure a guilty verdict. She has only been given a typed statement of someone she does not know. The incident she was present for occcurred when she was a juvenile and she has heard nothing additional until arrested and detained with no lawyer sleep food or restroom breaks for 4 days. Public defender says ''I will go over it with you at trial''. The potential is 25 to life so we just trust it is handled? How could she have even been arressted at this point?held for 4 days young innocent defendent afraid to question her lawyer or she will be thrown in jail for 25 years. Not one person has asked for her accounting of the events or presented any evidence arrest warrants or anything of the kind. Cruel and Unusual punishment administered during the 4 days she was incarcerated.


Asked on 6/11/09, 2:11 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Am I entitled to see the arrest warrant and or discovery?

The defendant can retain her own attorney rather than use the public defender. She can trust the public defender. These are attorneys paid to defend her rights, although they tend to be over worked. As a defendant she is entitled to see all of the evidence the state has against her. If she is being maltreated, she should complaint to her defender, or otherwise complain to the court. This is the time for her to stand up for her rights.

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Answered on 6/11/09, 10:35 am


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