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How to Conduct Discovery in a Florida Criminal Case

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  • 03-05-2015, 02:47 PM
    haianh78
    How to Conduct Discovery in a Florida Criminal Case
    My question involves criminal law for the state of: Florida

    How do I make a request to exam my Discovery in Florida?

    And does the prosecutor is required to let me exam my Discovery in a certain period of time before my first Trial?

    Thanks.
  • 03-06-2015, 08:41 AM
    Mr. Knowitall
    Re: How to Conduct Discovery in a Florida Criminal Case
    What do you mean by "exam my Discovery"?

    If you mean that you want to review certain evidence that is in the prosecutor's possession or is held by the police, that will be submitted at your trial as evidence, try asking the prosecutor about scheduling an appointment to review the evidence. Or better, get a lawyer and let your lawyer handle these issues for you.
  • 03-07-2015, 12:48 AM
    haianh78
    Re: How to Conduct Discovery in a Florida Criminal Case
    I cant afford a lawer and my public defender wont do his job. Can i review the evidence myself? If yes, where and how do i start the request? Thanks.
  • 03-07-2015, 08:22 AM
    Taxing Matters
    Re: How to Conduct Discovery in a Florida Criminal Case
    Quote:

    Quoting haianh78
    View Post
    I cant afford a lawer and my public defender wont do his job. Can i review the evidence myself? If yes, where and how do i start the request? Thanks.

    If you have a lawyer (and a public defender is a lawyer) representing you, then the prosecutor won't talk to you. You'll have to let your attorney handle it. What makes you think your public defender isn’t doing his job? Do you even know really what his job is? I ask that not be snide but because I hear a lot of criminal defendants say their public defenders aren’t doing their job when, in fact, the public defenders are doing what they need to do and the problem really is that the defendant doesn't truly understand what lawyers do. Most of the public gets their impression of lawyers and criminal trials from TV and movies and TV and movies do a terrible job portraying what lawyers and criminal cases are really like. Depending on the charges against you and the circumstances, your lawyer may already know pretty much what the state has against you.
  • 03-07-2015, 01:50 PM
    haianh78
    Re: How to Conduct Discovery in a Florida Criminal Case
    Quote:

    Quoting Taxing Matters
    View Post
    If you have a lawyer (and a public defender is a lawyer) representing you, then the prosecutor won't talk to you. You'll have to let your attorney handle it. What makes you think your public defender isn’t doing his job? Do you even know really what his job is? I ask that not be snide but because I hear a lot of criminal defendants say their public defenders aren’t doing their job when, in fact, the public defenders are doing what they need to do and the problem really is that the defendant doesn't truly understand what lawyers do. Most of the public gets their impression of lawyers and criminal trials from TV and movies and TV and movies do a terrible job portraying what lawyers and criminal cases are really like. Depending on the charges against you and the circumstances, your lawyer may already know pretty much what the state has against you.

    Thanks for the reply and i think if there is something only my PD can do and he is responsible to do it then dont know what to call it beside "his job". Please educate me. This is my first time ever that i've got involving in the justice system in 3x years, please dont hesitate to correct me if im wrong.
    I read and understand a little bit about the court procedure and i think in florida, the defendant have the right to check out the discovery before trial, but i dont know the detail thats why im here to get educated.

    After the state filed the charge again me, i was told to wait if the state has discovery. When i was notified aboutthe discovery, i called my PD and specificlly asked him that i need to look at the video the police said they have in their report. A couple weeks later my PD assitant called me to pick up a copy of my discovery package at the front desk office and when i pick it up, there was not any video inside, just a couple of report that i already know. I called him again, and i ask if he has it, he said he does not have it and if i really want to see it, he can request for it but its going to take sometime??? My court date is less than 3 weeks away and i cant not check out my discovery and i dont know whose job to let me see the discovery and i am ended up here asking for advice. Please help if you can. Thanks.
  • 03-07-2015, 02:14 PM
    Mr. Knowitall
    Re: How to Conduct Discovery in a Florida Criminal Case
    Your lawyer is handling discovery. We know nothing about the videotape or why it is not yet available. That is information you would have to obtain from your lawyer. If this is a video taken by a police department (e.g., a patrol vehicle's video recorder) you may be able to obtain a copy under your state's public records / "sunshine" law, although that's a separate process than discovery in a criminal case.
  • 03-07-2015, 04:25 PM
    haianh78
    Re: How to Conduct Discovery in a Florida Criminal Case
    So, is it required by law that the prosecutor have to show me the video in the period of time be for my court date (for example: 2 weeks before my court date) or is it ok for the prosecutor to show me the video right the moment before i go to court?
  • 03-07-2015, 06:45 PM
    Mr. Knowitall
    Re: How to Conduct Discovery in a Florida Criminal Case
    Your lawyer is responsible to conduct discovery. Upon proper request, the prosecutor will arrange for your lawyer to see the video or provide your lawyer with a copy.
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