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Can someone request evidence against them prior to hearing?

Discussion in 'Civil Court, Procedure & Litigation' started by Ruger20, May 21, 2007.

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  1. May 21, 2007 #1
    Ruger20

    Ruger20 Law Topic Starter New Member

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    Someone I know was charged with a crime. He said he did not do it but they charged him because he is one of 2 or three people that could have had access to commit the crime. He cant afford an attorney but he wanted to try to find out what evidence the D.A. is planning to use against him. Is there some sort of Discovery that he can do himself? Can he go to the courthouse and file a form to make them turn over their evidence to him? Thanks!
     
    Ruger20, May 21, 2007
    Ruger20, May 21, 2007
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  2. May 21, 2007 #2
    CdwJava

    CdwJava Moderator

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    Usually, discovery is obtained by his assigned counsel - either retained or appointed by the court. He will probably have to wait until that time.

    - Carl
     
    CdwJava, May 21, 2007
    CdwJava, May 21, 2007
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  3. May 21, 2007 #3
    calalily

    calalily New Member

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    Has he gone to court yet for arraignment? They will read the charges against him at that time and that is when he enters a plea and also asks for court appointed lawyer if he is unable financially to get one on his own. He must follow through and fill out documents for a court appointed lawyer at that time, usually with the court clerk. He may need some sort of proof like pay-stubbs, or tax return to prove he is unable to pay or if he is unemployed a statement from the city's workforce commission or whatever it is called in your state. So he may want to get that ready and take with him, so if they ask for it he will already have it. FYI: Court appointed isn't neccessarily free...could be sliding scale or some sort of set fee. Once he has a lawyer, then the lawyer will ask for discovery and discuss your friend's options. When you say access are you saying like keys to enter a place? Is there a time frame the crime was committed where an alibi would be helpful? Just curious : )
     
    calalily, May 21, 2007
    calalily, May 21, 2007
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  4. May 22, 2007 #4
    Ruger20

    Ruger20 Law Topic Starter New Member

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    Has he gone to court yet for arraignment?
    He received a ticket and was told they would send him something or call him with a court date.
    When you say access are you saying like keys to enter a place?
    It was a code that needed to be entered
    Is there a time frame the crime was committed where an alibi would be helpful?
    I think it was during his shift at the establishment that he managed.

    Another question, if he can prove his innocence, does he have a wrongful termination and/or defamation of character case?
     
    Ruger20, May 22, 2007
    Ruger20, May 22, 2007
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  5. May 22, 2007 #5
    CdwJava

    CdwJava Moderator

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    Sounds like how they do juvenile court citations in California.

    What's he being charged with? Burglary? Embezzlement? Theft?

    Not good for him.

    If the termination was with cause and reasonable, he would likely have no case. He would likely have to show that his employer acted recklessly and intentionally - and knowingly - in falsely terminating him.

    - Carl
     
    CdwJava, May 22, 2007
    CdwJava, May 22, 2007
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  6. May 22, 2007 #6
    Ruger20

    Ruger20 Law Topic Starter New Member

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    Sounds like how they do juvenile court citations in California.

    It is not a juvenile case.

    I will get some more answers, I am hoping that I can help him find and pay for a lawyer, or else he will just have to go with the Public Defender
     
    Ruger20, May 22, 2007
    Ruger20, May 22, 2007
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  7. May 23, 2007 #7
    Ruger20

    Ruger20 Law Topic Starter New Member

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    Update.. My friends wife called to get a copy of the police report and they told her, "The report is not filled out yet," does this seem odd if they have already charged him? They told her it would be 3-4 weeks until they would mail her something saying when his court date is.
     
    Ruger20, May 23, 2007
    Ruger20, May 23, 2007
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  8. May 23, 2007 #8
    CdwJava

    CdwJava Moderator

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    How does he know he has been charged with a crime? Has he been arrested? Has he been arraigned? If not, then it could just be that the accusation has been made but the matter has not yet been presented in court.

    - Carl
     
    CdwJava, May 23, 2007
    CdwJava, May 23, 2007
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  9. May 23, 2007 #9
    Ruger20

    Ruger20 Law Topic Starter New Member

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    Well, the police came to talk to him at his work and said, "You can come down to the station voluntarily, or we can arrest you." Then I guess he went down there and talked with them and they fingerprinted him and such, then wrote him a ticket type document and said he would receive something in the mail stating when his court date was. It seems like they are trying to pull something here.
     
    Ruger20, May 23, 2007
    Ruger20, May 23, 2007
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  10. May 23, 2007 #10
    CdwJava

    CdwJava Moderator

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    It seems they have not yet filed the matter with the DA, so he may have time to breathe. I would recommend your friend consult with an attorney ASAP as it sounds like they intend to file soon.

    - Carl
     
    CdwJava, May 23, 2007
    CdwJava, May 23, 2007
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  11. May 23, 2007 #11
    seniorjudge

    seniorjudge Super Moderator

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    Yes, you need to hire a lawyer yesterday.

    Oh...I mean "your friend".:angel
     
    seniorjudge, May 23, 2007
    seniorjudge, May 23, 2007
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  12. May 23, 2007 #12
    Ruger20

    Ruger20 Law Topic Starter New Member

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    It actually is my friend, this is the internet, if it were me, I would say it was me. Its not like someone is watching me type and I have to hide :yes:
     
    Ruger20, May 23, 2007
    Ruger20, May 23, 2007
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