if i ask to see the DA's information does he have to allow me? do i have to file a motion of discovery first? if i am pro se, can the clerk help me do this?
thanks
2006-06-28 04:00:40 · 5 answers · asked by jamminursite 3 in Politics & Government ➔ Law & Ethics
thanks for those who answered so far. please keep in mind when advising that i cannot afford an attorney, and am not eligible for a public defender. i did find a form to mimic, but i want to avoid that if i am legally allowed to just make a phone call. is there harm in asking verbally? can i always come back and file if i am denied by the DA?
2006-06-28 04:11:47 · update #1
You have to file the official document or motion requesting discovery. Otherwise, they can and probably will ignore your request.
If you request discovery properly, they do have to share the evidence with you. The clerks can NOT help you. That would be practicing law without a license. Your best bet is to see if your state has a self-help legal center, possibly linked from the official state website. It might have the forms for various motions on there. Otherwise, you can do a google search and see if you can find one.
Good luck.
2006-06-28 04:07:57 · answer #1 · answered by Mama Pastafarian 7 · 2⤊ 0⤋
I dont know what state your in..but in NY you must first file a written demand for discovery. If they do not produce what you expect; you have to file a motion to preclude the use of any information not already provided in the discovery process. Good luck!
2006-06-28 11:24:08 · answer #2 · answered by Robert K 2 · 0⤊ 0⤋
Yes. He has to allow you under the Fifth Amendment. and the Sixth Amendment. You have a right to ask that the charges against you be enumerated and who or what evidence is prevailing against you.
I personally wouldn't go to the D.A. myself, though. It would be better to have an attorney do that. D.A.'s are sharks of a different color. They go crazy over the color red, but regular attorneys just go crazy over the color green.
2006-06-28 11:08:07 · answer #3 · answered by Roseknows 4 · 0⤊ 0⤋
I BELIEVE THAT IF YOU ARE THE DEFENDANT IN A CASE THE DISCOVERY, ALL INFORMATION, DOCUMENTS, INVESTIGATIONS SHOULD BE PROVIDED TO YOU FREE OF CHARGE. MOST OF THE TIME DISCOVERIES ARE PROVIDED TO ONES ATTORNEYS, BEFORE TRIAL.
2006-06-28 11:10:47 · answer #4 · answered by Daimonjifire3 2 · 0⤊ 0⤋
THE DISTRICT A- DO NT HAVE ANY THING TO DO WITH VISITATION THEY ONLY HELP WITH CHILD SUPPER CALL 866-480-6081 OR WITH PATERNITY
2006-06-28 22:27:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋