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Can I get a DWI trial postponed due to court not providing Discovery before trial date?
Anonymous10 views7 answers
I requested my discovery from the arresting police station (as directed by my lawyer) a week after my first DUI hearing 6/9/13. Although I've called, it is still not ready. Can this be a reason to postpone my trial date on Wednesday? Thanks! From- nervously awaiting my attorney's call
YES. Discovery must be made available to counsel. Your attorney must order the police report from The district Attorney. If they fail to provide the discovery a judge will admonish them to provide the evidence prior to the case going forward. Call your attorney and ask if the report is ready. Read the report & tell your attorney about any inaccuracies.
Why would your attorney direct you to obtain discovery, unless he's not really your attorney and just giving you advice. If he is your attorney he should be requesting discovery and yes, you could get an adjournment pending receipt of discovery. Depending on your court, waiting one week for discovery is not at all unusual and generally depending on the town the turn around time is different. You need to make sure that you made the discovery request to the right places, sometimes it's to the police department, sometimes it's too the prosecutor and sometimes it is directed to the administrator of the municipal court however technically they shouldn't be providing you with discovery as the judiciary should not step in the issues of law enforcement. Additionally, you should always send your requests in writing and number each letter that you send so that if they do not provide discovery as they are obligated under court rules, then you can request from the Judge that your case be dismissed for failure to prosecute noting that you had requested discovery three times and have not received same. Upon receipt of discovery, you should have an attorney review to determine what defenses you may have, if any, and also whether you should hire an expert to evaluate your discovery and provide you with a report indicating the wholes in the state's case against you so that you can possibly negotiate a plea or win at trial. Judges are expected to move DUI's quickly so don't expect much if your adjournment request is denied. I fight these cases all the time.