Because so few defendants ask to see the evidence against them, many police, prosecutors and even judges, believe this "discovery right" is not available in traffic court. Accordingly, even though your discovery request is probably proper in your state, you may find it's ignored.
If you get no response to your discovery request within three weeks, you will need to go to court and make a "pre-trial motion" to ask the judge to order the police to release the notes to you. This must be done prior to your scheduled trial date.
If your discovery request has still been ignored when your trial date rolls around, you may ask the judge to dismiss your case. Here is the sample language you can use.
"Your honor, the prosecution has failed to provide the discovery I properly requested. I move to dismiss the case on account of the prosecution's failure to provide discovery. Here is a copy of the written request I made a month ago for the officer's notes. I sent them to the prosecutor and police agency, and they both ignored me. I have not waived my right to a speedy trial, and I shouldn't have to. I can't properly prepare for trial even if the notes are produced now. As a result, I request that the charges against me be dismissed."
In my case, I got the following response from CHP on February 20th, 2004. Along with a copy of the police officer's notes.
If you get no response to your discovery request within three weeks, you will need to go to court and make a "pre-trial motion" to ask the judge to order the police to release the notes to you. This must be done prior to your scheduled trial date.
If your discovery request has still been ignored when your trial date rolls around, you may ask the judge to dismiss your case. Here is the sample language you can use.
"Your honor, the prosecution has failed to provide the discovery I properly requested. I move to dismiss the case on account of the prosecution's failure to provide discovery. Here is a copy of the written request I made a month ago for the officer's notes. I sent them to the prosecutor and police agency, and they both ignored me. I have not waived my right to a speedy trial, and I shouldn't have to. I can't properly prepare for trial even if the notes are produced now. As a result, I request that the charges against me be dismissed."
In my case, I got the following response from CHP on February 20th, 2004. Along with a copy of the police officer's notes.
# posted by - H - @ 12:00 PM 
Comments:
Post a Comment
<< Home
<< Home
