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Motion for Discovery Granted but Not Fulfilled

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  • 01-22-2009, 12:23 PM
    rodbuilder
    Motion for Discovery Granted but Not Fulfilled
    PLEASE DON'T REPLY TO THIS QUESTION IF YOU'RE NOT A LICENSED ATTORNEY.

    I was busted in Illinois for "acting as a vehicle dealer" without having dealer's license.

    Upon finding out that the state is relying on "evidence" that was acquired from my personal Ebay account, I filed a Pro-Se Motion For Discovery, asking the court for copies of any subpoenas, a list of charges against me, a list of the vehicles I supposedly "sold" or "listed" on ebay etc, etc. The motion was granted but (today) I was given the state's "evidence" and NONE of my demands were filled. the only documents i received were a copy of the original ticket and (really! a copy of my driverl's license record!!

    1. Should I stay mute about not receiving any of what I asked for in my motion not protest the state's failure to satisfy my Motion and bring this up as a motion to dismiss before a trial begins, or.......

    2. File a written Motion To Dismiss and risk that the State might be able to come up with their evidence, thusly killing any chances might have had in getting a dismissal before trial?

    3. If the state has not fulfilled any of my demands in the discovery motion can the court LEGALLY allow a trial to begin?

    Many thinks for any help.
  • 01-22-2009, 03:36 PM
    Mr. Knowitall
    Re: Motion for Discovery Granted but Not Fulfilled
    If you wish to get advice from a licensed Illinois criminal defense attorney, I suggest starting with the phone book.
  • 01-22-2009, 07:32 PM
    rodbuilder
    Re: Motion for Discovery Granted but Not Fulfilled
    Let me guess why they call you a know it all.
  • 01-22-2009, 08:04 PM
    M'sta Mikey
    Re: Motion for Discovery Granted but Not Fulfilled
    Quote:

    Quoting rodbuilder
    View Post
    Let me guess why they call you a know it all.

    Because he correctly answered your question! ;)
  • 01-22-2009, 11:38 PM
    Litigator
    Re: Motion for Discovery Granted but Not Fulfilled
    Normally if you do not bring up a discovery violation prior to trial any claim that a discovery violation occurred will be waived. If you wait and bring it up on the eve of trial though you knew about it sooner the court will probably wonder why it is being raised at the 11th hour--a continuance or delay of the trial may be possible in that instance--that is in the court's discretion.

    Discovery is a process whereby each side has the opportunity to discover each side's evidence so if the other side's discovery is deficient and you bring it to their attention then yes they will have the opportunity to correct it--that is how it is supposed to work such as to facilitate the trial when it does occur and discovery is not a mechanism for playing games.

    If the court finds a discovery violation to have occurred it can impose sanctions but dismissal of a criminal charge is rarely imposed and you would normally see this type of extreme remedy for an egregious discovery violation (even if then).

    What the prosecution is obligated to provide through the process of discovery varies from state to state but it is normally not as rigid or strict as civil discovery--normally the state need only make available to you certain information and they normally would not be compelled to provide you with everything you are demanding, i.e., they are not required to give you everything you want.
  • 08-25-2009, 04:57 PM
    Mr.ChicagoLegal
    Re: Motion for Discovery Granted but Not Fulfilled
    I spoke to Rod Builder on a couple of occasions. I looked into the issue for him, and then we spoke and he didn;t't like what I had to say so he got borderline abusive and rude. He wants to fight the system as if he is some noble man or honorable person who was taken advantage of by EBAY or the S/A; he thinks he knows more than he does, but he doesn't Typical wannabee "jailhouse" lawyer.
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