How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110413
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can you force the commonwealths attorney (e.g. prosecutor/DA)

Resolved Question:

Can you force the commonwealths attorney (e.g. prosecutor/DA) to show you ALL the evidence they have against you (like photos, written statements from witnesses) before a preliminary hearing? I just got back the motion for discovery that my lawyer filed, but all it contained was a few sentences regarding what the police officer did after he arrested me, what they found on me, and my prior criminal history. I know for a fact that written statements from witnesses exist, as well as physical evidence, but they didn't disclose any of that in the motion for discovery. Can my lawyer force them to disclose such evidence?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Your lawyer can force the prosecution to disclose all of the evidence to be introduced in trial and the response that you received to the motion for discovery is a standard effort to buy them more time to disclose and it would now be followed by a motion to compel to the court and the court will compel them to disclose all of the evidence to be introduced in the trial.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 6 years ago.
is it possible to file a motion before the preliminary hearing for the prosecution to disclose all evidence that they would use at trial? or would I have to wait until after the hearing? Also, since on the date of the preliminary hearing is also the date of adjudication for a misdemeanor charge of mine, which is for the same offense, hence what effect does the outcome of that misdemeanor have on the outcome of the preliminary hearing (both are at the same date/time, both for the same charge, except one is a misdemeanor the other is a felony).
Expert:  Law Educator, Esq. replied 6 years ago.
Your attorney would file to motion at the preliminary hearing to compel the disclosure. As far as the misdemeanor if it was from the same crime it could cause the felony sentence to be enhanced if you are found guilty of the felony.
Law Educator, Esq. and other Criminal Law Specialists are ready to help you

Related Criminal Law Questions