Criminal Law Questions? Ask a Criminal Lawyer.
The medical records are part of the discovery aren't they? So the cops should have them before anyone else? Then the cops give them to the prosecutor?
So sometimes the police and prosecutor try to make it hard on the lawyer by not giving him the discovery, then the lawyer has to subpoena them? does the subpoena have to be for a court hearing?
Hello again.No, I would not say that the police and prosecutor sometimes refuse to give the records in discovery. If they have the records, then they will give them. Granted, in rare cases there could be crooked cops or prosecutors who hide evidence, but it would be utterly stupid for them to refuse to hand over medical records considering it's no secret that such records exist. Refusing to comply with discovery could not only lead to a dismissal of criminal charges, but the prosecutor could be disbarred.
One last thing. How long does it usually take to get the discovery?