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  1. #1
    Join Date
    Nov 2007
    Posts
    4

    Default Not Getting Response To My Request Of Evidence Discovery

    I got a speeding ticket in CA, more specifically, Alameda county.
    I asked my friend to mail a request and proof of service to prosecuting attorney, but haven't got any response after about a month.
    My court date is 02/25. What should I say to the judge on court? Can I ask the judge for the evidence discovery without having to plea guilty or not guilty?

  2. #2
    Join Date
    Jan 2008
    Posts
    100

    Default Re: Not Getting Response To My Request Of Evidence Discovery

    You can just plead not guilty at your arraignment. At that time, you can present the court with a copy of your discovery request and request that the court order the prosecutor to provide discovery. I'd also type up a simple motion (using a similar format that you would have used for the discovery request) that you can hand to the judge to make your motion formal. When you get to trial, if you haven't gotten anything, you should ask for a dismissal based on a failure to prosecute.

    Just remember... stick to the law. Do NOT let the court or anyone else tell you that you have to send your discovery request to the ticket issuing agency. The penal code requires discovery be provided by the prosecuting attorney.

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