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filing motion of discovery

Discussion in 'Civil Court, Procedure & Litigation' started by pamelaleigh1961, Sep 2, 2005.

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  1. pamelaleigh1961

    pamelaleigh1961 Law Topic Starter New Member

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    My 16 y.o. son has confessed to burglarizing our home and his grandparents' home with some of his "friends". He was adopted as an infant and has been diagnosed with ADHD and ODD and is overweight and is very easily manipulated so that he will be liked--which is no excuse in my book. We will have to prosecute him in order to prosecute the "friends", which we intend to do. You may think that we are too hard on him, being this is his first brush with the law, but I see too many kids "rescued" by their parents that never learn their lesson and end up in prison. I will not tolerate a thief in my home. He has been taught better. We do not have the money to spend on an attorney for him. I would like to get a copy of his statement but have been told I need to hire an attorney and file a motion of discovery before it can be released. Can you tell me what I need to do to file this motion. Be forewarned I am not famaliar with alot of "legalise", but I am by no means dumb. I appreaciate any help I can get. He appears before the judge Tuesday (9/13/2005) and is currently in YDC. Thank you for your help.
     
  2. charlesesq

    charlesesq New Member

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    Before you do this you had better think of the potential issues your son may have later, especially if this is felony burglary. That may cause him problems for years and years to come. I do understand though that sometimes you need to emply tough justice. I would think that you should speak to an attorney first so you can accomplish what you really want to properly. Every court has certain requirements and a motion for discovery can be a simple notice. You want to speak to the court clerk before you do anything since he/she will lead you to the best way to accomplish things in court. If you need a form, please reply and I'll be glad to help... I see you have a week! May have already handled this. Good luck to you and your son.
     
  3. JackH

    JackH New Member

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    Motion for Discovery

    I just registered after doing a google search. I intend to appear pro se in a matter involving two non-moving traffic violations. I have never done this but figure it cant be too difficult. I was at the Clerk of Court's office today and delivered a written plea of not guilty and request for hearing. I asked the deputy clerk about how I could go about filing a motion for discovery (to get any notes or other evidence the state trooper has) and having a subpoena issued for a witness. I was told to go to the law library, which is probably good advice if I had the time but isn't there someplace I can get a generic form to file with the court? I am in Florida. Any help would be much appreciated.

    Jack
     
  4. JackH

    JackH New Member

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    I found what I needed on the internet.

    Thanks.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Jack - glad you got the form. The deputy clerk should assist you and also should sign for a subpoena for a witness. I'm not sure what kind of discovery you are looking for as generally there isn't discovery in traffic court although it would seem possible (and also subpoenaing witnesses.) It's a different court than the higher courts and each court is governed by its own rules and procedures. Good luck to you! :)
     

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