Lab filed "evidence discrepancy" letter with court....we were not aware of letter til 2weeks after sentencing...

Professional Ethics 7 views 4 answers
My daughters attorney had refused to give or even let her see any discovery in her case until about 2weeks after she was sentenced. Upon reviewing the incomplete file there was a letter submitted by the lab tech that were processing the evidence. It stated what they received for processing was not the evidence described. And was signed by the lab tech and 2 superiors. We were not aware of this letter until today and had asked repeatedly for the lab results. Shouldn't her attorney have made a motion to exclude or dismiss or whichever legal term fits....because the actual evidence needs to be submitted ? What options does my daughter have since this evidence was withheld by her own attorney and it would have had a significant impact on the proceedings?

Attorney Answers

4
Anthony Cameron ·
I respectfully yield to any CA counsel on this but lab discrepancy issues are rife in my State right now. Talk to a Criminal Appellate Lawyer very quckly. Your daughter may be facing essential timelines. It is impossible to tell from your narrative. You are correct to be concerned. This could be consequential.
0 upvotes
Reve Bautista ·
It appears that there could be potential appellate issues. You and your daughter should consult with a local criminal defense appellate attorney. There are time constraints in filing an appeal and must have legal basis for an appeal. Use the Find a Lawyer tab on this site and I will also re-direct your question in the correct practice area so that you may benefit from the other attorneys advice.
0 upvotes
Jay Finnecy ·
It might be time to contact another attorney who practices in San Diego County. Perhaps you misunderstand the impact of whatever "letter" you are talking about? It's impossible to say without reviewing the entire file including said letter. Who was her attorney? Have you contacted that attorney?
0 upvotes
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
retain an experienced appellate attorney ASAP as her post-conviction remedies, if any, are many times precluded if time sensitive deadlines come and go.
0 upvotes

People Also Asked