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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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What is the proper form to file against the District Attorney

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What is the proper form to file against the District Attorney for not fully disclosing evidence during the discovery? DA will not be cooperative and give me all the information I am asking for during discovery. What can I do?

(State of Florida, County of Hillsborough)
I am a criminal defense attorney in Florida and I'd be happy to help. Please tell me more, what discovery is the prosecutor refusing to turn over? Thank you.
Customer: replied 3 years ago.

All Audio and all video obtained in my case, he has only disclosed bits and pieces. The judge ordered him to send it via certified and he has only sent bits and pieces and will not take my calls to remedy the situation.

When was he " send it"? Also, how do you know that you have only received "bits and pieces"? Thank you.
Customer: replied 3 years ago.

Discovery evidence says that there are witness recorded statement and video of said crime that has not been disclosed to me but listed in the discovery. Judge ordered, two court dates ago, all video and audio be delievered to me via certified mail. This has not been done and calling him for a month with not one call back.

You might consider a motion for sanctions against the prosecutor. The motion would detail what you have described here, that being that discovery was listed, it was not initially provided, the judge ordered the prosecutor to turn it over and it has still not been provided. As to a sanction, you may request whatever you deem appropriate. This could include immediately turning over the evidence or even excluding the evidence.


As to a form, I am not aware of any form or template document for such a situation. However, the motion would be fairly simple and just state the items listed above.

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