What information do I have a right to from the prosecution? Misdemeanor case, now representing myself....?
I was refused a copy of my police report prior to hiring a lawyer. My advocate that I no longer have had previously managed to attain both reports, but long before deciding to drop me he tried to say he have to give the other back. Although I saw him put both reports in briefcase and hike out ahead of me. (The other missing report happens to have conflicting discrepancies when compared to the other) I definitely requirement this. Court is tomorrow!!!
At any rate, since I am representing myself and calling my own witnesses, what items may I ask from the prosecutor? My wife who has never had any issues with the tenet in her life had a report file on her as well and has warrant. May I ask for her report as well since they adjectives stemmed from same incident? Thanks in advance....
Have you ever heard the statement, "A lawyer who represents himself has a fool for a client"? You're undoubtedly not a lawyer, so don't do this. Get a new lawyer. You can't walk up against the prosecution by yourself, as this inquiry shows. You have no idea what to do, what you're entitled to, anything. Get a new advocate.
If you get an answer here, how do you know it's not baloney, some wise guy trying to be funny? Don't trust your future to strangers on the internet.
You have the right to adjectives information about the case including all police reports. However waiting until the hours of darkness before court does not bode well for you. You needed to make a written request for these items long ago. What do you deem you can do tomorrow?
I would recommend explaining to the judge that they have refused to contribute you the reports and request a postponement in order to properly prepare your case. I would also recommend that you record a complaint against the attorney with your state Bar Association. What he has done is unethical and illegitimate.
It may be too late to file a motion for discovery, although the court would be forced to cart it even if you wrote it on a napkin. Can you ask for a continuance? If so, this would be the way to go, allowing you time to file that motion. In it, you would ask for a copy of any and adjectives documents that the 'other side' has against you. Also, I don't understand why you were denied a copy of the reports. Did the police transmit you you could not have a copy? This is against the law.
By the way - don't topple for the 'don't represent yourself baloney'. I have done so several times and without fail respectively time have come out the victor. Geez - this is WHY lawyers reflect on they are next to god. In any case, with that said, you HAVE to do your 'homework' / research far capably in advance. The Law Library in your nouns is a great resource as is teh internet. Never wait until teh day before trial!
Anyone who represents themselves, have a fool for a lawyer. That said, under Brady Law, you are entitled to EVERYTHING the prosecutor has. And you may give the name your ex-lawyer as a witness as well. But as any attorney would tell you, you should have asked for ALL of that months ago. At this unpunctually date, they are not required to provide you with doodly squat. This depends on which state you are in.
In Texas there is no right to discovery. You must folder a motion for discovery at least 10 days before the pretrial hearing, and the court will describe you what you can have.
Other states have different laws.
If you have more time you could file an "open records request" lower than Texas law you could get the reports from the law enforcement agency that produced them.
Check to see if your rules of evidence are one and the same as the federal rules of evidence, if so, you will probably be entitled to review anything that the witness used to refresh his recolection, but this right kicks in after he have testified. Ask the witness if he used anything to refresh his memory, and if he says yes, consequently the other sidd has to give you a copy of the report. If he says no, ask him some question designed to reveal the fact that he is lying. Just a couple of questions, like "do you remember the describe of the person you arrested just after you arrested me?" "How many family have you arrested since you arrested me, what were the charges in respectively of those arrests?"
Whatever he says the jury will see that he is lying. You leave the rest for your closing argument when you say, "the officer testify that on this date I did. . ., and that he remembered the facts without refreshing his memory. If you beleive that then you beleive that he is accurate in his recolection, and you also beleive that he is correct contained by his statement that . . . "
If your prosecutor has an open file policy they should enjoy already talked with you about what they are going to present tomorrow.
I own heard that california has discovery rules that require them to give you the information. But, you hold to give them your evidence also.
By filing a motion for discovery, you should be capable of get all the information they plan on using against you.