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05-19-2008, 03:26 PM
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#1 |
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Posts: n/a
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Discovery
My husband has a preliminary hearing scheduled for tomorrow. His attorney asked for discovery and they failed to provide it. Can his attorney ask for the charges to be dismissed? The prosecutor has filed for a continuence 2 times already. This would be the third continuence. I don't know how that affects the right to a speedy trial either. We are in FL ang the charge is aggrivated assault.
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05-20-2008, 09:33 AM
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#2 |
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Re: Discovery
He can try yes... but more likely you can successfully ask the judge to fine or punish the other side for not responding.
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05-20-2008, 02:59 PM
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#3 |
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Re: Discovery
At arraignment today, the PD filed a plea of not guilty and it's set for trial in 2 months. We are confused b/c we thought it was going to be continued and the state to be held accountable for it. The PD today said that it wouldn't be in our favor to continue it. So, how can they charge you without discovery?
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05-28-2008, 02:21 PM
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#4 |
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Re: Discovery
Still no discovery? What can we do?
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05-30-2008, 11:10 AM
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#5 |
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Top Level Member
Last Online:
08-01-2008 09:27 AM Join Date: May 2007
Posts: 679
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Re: Discovery
The PD can ask that the other side be held in contempt and that they be compelled to produce.
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