I'd like to ask a criminal
defense attorney who has practiced in California, some questions about the rules of discovery, turning over evudence, such as video I'd shoplifting, to the defense. Do you do the phone call for $$ still? I'd like to ask on the phone.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: CA. Man exits store he is arrested for something he stole from same store 6 months ago. Arresting officers say they saw the video of 6 months ago before arresting man. He wasn't accused of anything on that day, nor had he anything on his person. Almost one year from date man supposedly shoplifted. Defense has received all discovery except the video. The main evidence. So......(read above while I ask the bug questing )
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Hypothetically, the accused shoplifter thinks there is no video; (the crime was described in a way that had no similarities to his actions in the store at any time). The preliminary hearing is in 2 days. Still no video. The store has all surveillance on digital media which is known to be emailed quickly and without fuss. It's a state of the art surveillance set up. The defendants lawyer is doing nothing. Defendant asks about motions to exclude video from evidence, due to time restraints and late (or no ) video given to defense. He asks about motion to dismiss. There is only this video; witnesses are not reason he was arrested. It seems obvious that the inability to examine the video leaves the defense unable to properly conduct themselves at preliminary hearing. The expensive defense Atty has his assistants tell dendabt ....
JA: Have you talked to a lawyer yet?
Customer: The video isn't withheld. It's just late. If we get it in the next 18 hours we will go to prelim and make some type of argument. If we don't get it the prelim will be postponed. No lawyer on earth would make a motion to exclude the video from evidence due to its being withheld. Sane with motion to dismiss. Defendant feels there is sometime very very wrong with the above picture.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope. Just the defense attorneys intentions (given through his colleague and his inactions) and the time frame. 6 months after arrest no video. Prelim in 18 hours.