As I’ve said before in other posts, there are protocols and procedures in place that law enforcement and prosecutors must follow. Such rules are in place to protect our rights and freedom—especially from unsubstantiated accusations. I recently had a drug case dismissed because the state did not provide the right discovery for my client’s charges. Since this is something not a lot of people fully understand, I wanted to tell you about this particular case and a little more about discovery and what it means ultimately for you.
Discovery is a very important part of the legal process. It allows you and your attorney to ask your opponent and other parties involved to provide the information they have about your case. It also allows you to obtain what knowledge potential witnesses or co-defendants have as well. This is a two-way street so the data sharing goes both ways. This process typically occurs before the beginning of a trial: in a civil action, after the legal papers been filed and in a criminal action, after the defendant has been arraigned.
According to state and federal law, if there is evidence to support the state’s claim, they must provide this information/evidence in a timely manner when asked to do so. It protects people from essentially being ambushed; it prevents one side from using witnesses, information, or evidence during a trial without giving the opposing side the ability to obtain answering evidence when there is no time to do so.
In this particular case, I asked the presiding judge to sign an order compelling the state to provide this discovery. The prosecutor was given two weeks to comply but provided it more than a month after they were supposed to. As a result, I was able to convince the judge to dismiss the matter, which she did.
What does this mean for you? There are protocols and procedures in place to safeguard against instances where these things happen. When law enforcement officers and prosecutors fail to follow those practices, they disregard your rights. In situations like that, it’s important to have the legal guidance of skilled defense attorney on your side. To that case and point, I have over 13 years experience and a proven track record of success. When results matter, give me a call at (732) 662-7658.