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JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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My son goes before the grand jury on Friday. The District

Resolved Question:

My son goes before the grand jury on Friday. The District attorney's office will not give the defense attorney access to evidence which is a gun. The defense wants the gun tested to prove that it has not been fired. Can they do this? What is the time frame? D
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.

A defendant's right to discovery is not initiated until formal charges have been filed. The prosecution is under no obligation to provide discovery until the rules demand it. If the case is indicted on Friday then your lawyers can file immediate discovery motions and hopefully secure the appropriate test next week. If the test is untimely and was neglected by the prosecution, then your attorneys may use that fact in front of a jury to support reasonable doubt.

 

Please reply if I can help further.

 

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Customer: replied 7 years ago.
If he is indicted on Friday and his attorney then gets access to the evidence and the experts say that the gun has not been fired can anything be done to have the charges dropped or will it have to go to trial?
Expert:  JD replied 7 years ago.

The attorneys can use this information to convince the state to drop the charges before trial. They may also attempt a motion to dismiss but these are rarely granted and usually must relate to a technical deficiency in the indictment. The only other step will be a trial.

 

Please reply if I can help further.

 

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