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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118130
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 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.

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Customer: replied 7 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 7 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.
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