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What Chance Do I Have of Success

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  • 01-16-2010, 03:04 PM
    mr.jmb
    Re: What Chance Do I Have of Success
    So I have received a reply from the Prosecuting office.
    Before I sent the request I talked to the clerk at the Attorney's office. I asked how long it might take to get the discovery info. She said she would request the info from the police and then send it to me as soon as she gets the discovery request. I sent her three copies of the Discovery request and asked that she time stamp all three file one and send two back. My plan was to send the two copies to the city have them stamp them file one and send one back to me. She only sent me one and a note explaining the following. They advised me that they are having a staffing shortage and as a result the Island County Prosecuting Attorney's Office does not participate in the prosecution of contested infractions. They also advised me that they do not have the materials that I seek. I'm not exactly sure what I should do now. Im thinking I should contact the issuing law enforcement agency to request discovery.
  • 01-17-2010, 10:33 PM
    mr.jmb
    Discovery Request
    I have received a reply from the Prosecuting office.
    Before I sent the request I talked to the clerk at the Attorney's office. I asked how long it might take to get the discovery info. She said after receiving my request she would request the info from the police and then send it to me as soon as she gets the info. I sent her three copies of the Discovery request and asked that she time stamp all three file one and send two back. My plan was to send the two copies to the city have them stamp them file one and send one back to me. She only sent me one and a note explaining the following. They advised me that they are having a staffing shortage and as a result the Island County Prosecuting Attorney's Office does not participate in the prosecution of contested infractions. They also advised me that they do not have the materials that I seek. They continue to explain that I may be able to obtain info from the issuing law enforcement agency.

    Does this mean there may not be any discovery info?

    Should I contact the issuing law enforcement agency to request discovery?

    Did I make a mistake in sending the request forms vie normal mail delivery rather than certified mail?

    Can I send discovery request the way I planned, 3 copies to prosecutor, then two copies to city, and then keep the last one? They did send me one copy with stamp.
  • 01-18-2010, 07:14 AM
    blewis
    Re: What Chance Do I Have of Success
    Maybe you haven't shot yourself in the foot just yet, but I see you're trying.... Here's what I would do in your situation. First, make a copy of the stamped discovery request. If you can, HAND CARRY both to the court, have the clerk stamp both copies and return one to you. If you can't hand carry them, send the ORIGINAL, STAMPED copy with a cover letter, asking the clerk to please file the enclosed discovery request. SEND IT CRRR! That way you'll have "proof of service".

    When you get to court, bring your copy of the discovery request along with the return receipt from the "filing" copy. When your case is called, move for suppression of the officer's sworn statement pursuant to IRLJ 3.1 (b), which states (in part):

    Quote:

    Quoting IRLJ 3.1 (b)
    If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed.


    DO NOT produce the letter from the prosecutor. Just state that the prosecutor failed to provide the officer's statement. If the court grants your motion, move for dismissal for lack of evidence.

    Good luck,
    Barry
  • 01-19-2010, 01:15 AM
    mr.jmb
    Re: What Chance Do I Have of Success
    I live at least an hour and a half away so CRRR sounds appealing.
    Just to be sure I'm interpreting this correctly.
    When the court files a copy they will send me a receipt and that will be proof that they received it?
    The other copy I have is proof that the prosecuting office received it as well?
    If I were to hand carry them would it matter if I had someone do it for me.
    I have relatives that live in that area and they may be able to deliver them to the court.
  • 01-19-2010, 07:03 AM
    blewis
    Re: What Chance Do I Have of Success
    CRRR = Certified Return Receipt Requested. When the post office delivers it, someone at the court MUST sign a receipt. The post office will send that receipt to you. THAT is your proof of service. Whether of not it actually makes it into the file is inconsequential -- you have proof that you "filed" it with the court.

    Yes, someone else can deliver it to the court. Just make sure they take two copies and have them both stamped. The clerk keeps one, and your friend can send the other copy back to you. Your copy will then have stamps from BOTH the prosecutor AND the Court. This is the safest way to show "proof of service".

    Barry
  • 02-11-2010, 12:04 AM
    mr.jmb
    Re: What Chance Do I Have of Success
    There are a couple things I have been wondering about.
    After I move for suppression of the officer's sworn statement should I continue to recite IRLJ 3.1?
    What if the court denies that motion?
    If the court grants the motion and I move for dismissal for lack of evidence and the court denies that motion what then? Prejudice?
    Should Motions be filed?
    How obvious is it that I have never done this before?
  • 02-25-2010, 11:15 AM
    mr.jmb
    Re: What Chance Do I Have of Success
    Today is my court date.
    I hope all goes well.
  • 02-25-2010, 07:47 PM
    mr.jmb
    Re: What Chance Do I Have of Success
    Good news.
    I went to court.
    The judge called roll to see who was attending.
    There were probably about 10 people called and only about 5 or 6 attending.
    She proceeded to say that two people had filed for Discovery.
    I was one of them.
    She asked me if I had filed a copy with the procsecuting attorny.
    I said yes.
    She said "do you have proof"
    I said yes and walked up to show here.
    She said ok I will supress the officers satement and dismiss the case.
    I said thank you and walked out the door.

    Thanks a lot Barry for your help with this.
    If I hadnt filed Discovery I would have had troubles.
  • 02-25-2010, 08:28 PM
    blewis
    Re: What Chance Do I Have of Success
    I only provided a little information, but thanks. However, YOU are the one that had the guts and took the time to jump through the legal "hoops". YOU are the one who deserves the credit.

    So, congratulations! Way to go!

    Barry
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