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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27264
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I want to file a complaint against a d.a. in Los Angeles

Customer Question

Customer: My name is ***** ***** I want to file a complaint against a d.a. in Los Angeles regarding with holding discovery and misconduct
JA: Thanks. Can you give me any more details about your issue?
Customer: My fiancé was picked up last December for a murder charge four years ago, what little evidence that have come with is extremely circumstantial at best. the pre trial was set for yesterday, (the third time it has been continued) we still don't have the complete discovery, there is alledgedly some dna at a laboratory that has been sitting in inventory for two months and the tech stated on 12/22 she would get it to the D.A. and all of a sudden when it is time for court she has"disappeared" that is what he has told the judge - I can hardly believe this can be true
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Customer: I have 30 min till I leave work or you can email me later is fine my email is***@******.***
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Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Is your fiance represented by legal counsel? Also, she they say the tech has disappeared, they mean they can not find her?

Customer: replied 1 year ago.
He has a public defender, I honestly can't afford an attorney. The D.A. informed the judge that after the 22nd of December, she has not been to work, and the Lab is stating they don't know when she will be back, and that she is the only one who can pull the evidence from inventory
Customer: replied 1 year ago.
The evidence they have are a phone call to the victim on the day, his dna on a cigarette in another part of the house, and a bandage with his blood from a bathroom that was from donating plasma which they have documented proof of.
Expert:  LegalKnowledge replied 1 year ago.

Thank you. His PD should file a motion to compel. The DA can not withhold evidence and if they do, the Judge could dismiss the case, as a result of the misconduct. The Judge can step in and advise the DA to obtain these results/lab work and the Judge will also find it hard to believe that nobody 1) knows when she will be back unless she is missing and 2) that nobody else has access to this. If she got fired tomorrow or quit, someone would have to take over and access this, so their argument lacks merit. If there is misconduct by the prosecution, his PD could ask that the case be dismissed.

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Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 year ago.
His PD seemed to be fine with putting the case over yet again till next month only tried to file a motion to suppress not dismiss, Sometimes it seems like the PD is working with the DA
Expert:  LegalKnowledge replied 1 year ago.

I do understand. If he asked for a continuance, he likely wants to still work on the case and see if this person "appears" especially if the results are favorable.