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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34736
Experience:  16 yrs. of experience including criminal law.
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My son is facing a charge of electronic solicitation of a minor

Resolved Question:

My son is facing a charge of electronic solicitation of a minor in Kansas and the last court hearing resulted in the judge ordering the DA to provide the six missing telephone text messages between the detective and him to the defense within ten days. It has now been 4 weeks and we still do not have the messages or the phone so that we can have an expert retrieve the messages. The detective originally said there were no addition messages but the phone records show 6 additional text messages were sent.   What is the most likely outcome when we go back to court in two weeks?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist

Can you clarify please, the court ordered the DA to produce the DA refusing to disclose, or is the DA claiming that the evidence does not exist? And if this is the case, what happened (did the DA loose? or did it never exist?)

Customer: replied 8 years ago.
Not sure, we have been told the detective says it does not exist even though the text messages should be on both the phone they used and my son's phone. My son remembers them being sent and the subpoenaed phone records show they were made. The phone records also show the my son's phone was used to text a message 1 1/2 hours after my son was arrested so it was in good working order when they secured it. We had to really push to get any of the text messages and when they finally gave us a photographic copies of the text messages on their phone six of the messages the detective sent were missing. The photos of the phone also do not include the time and date so it is impossible to tell which message is which when you try to match them to the phone record.
Expert:  P. Simmons replied 8 years ago.
Thanks for that

Well, what will happen will depend largely on the evidence presented on this matter in 2 weeks when you are next in court.

If the court orders disclosure and the DA refuses, the court has the authority to halt the proceedings until (and if) the DA complies. But this is limited to situations where the DA is refusing to comply with a court order, which would be a rare occurrence.

I suspect more likely that the records do not exist...that begs the next question...where are they?

If the records were lost/destroyed through no fault of the state, the court will likely not sanction in the same way as if the records were lost/destroyed at the behest or direction of the DA or through the negligence of the DA.

Based on what you have said, it seems to me the next step (for the attorney) is to prepare for the hearing in 2 weeks. Specifically, to investigate as to what happened to the records and be prepared to present this evidence to the court. IF the records that were lost were potentially exculpatory, it may be you get a ruling in your favor to prevent admission of any of the records...that is what I would ask for at a minimum.

BotXXXXX XXXXXne; work with the attorney to determine what happened and ask the court for appropriate relief

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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