Officer fraud, and didn't get evidence in mail.

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Asking for evidence is not the same as making a request for discovery as is usually required. It is also possible that there is no video or audio tape of any part of the contact.

Contact the DA's office and see what they have to say. And then find out you go about making an official request for discovery.

- Carl

I did make a request for discovery, and have the paper to prove it.

FastbackJon said:

I did make a request for discovery, and have the paper to prove it.

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Okay ... but was it properly formatted, noticed and served?

The reason I ask is that at least here in CA it seems the most common reason people do not get responses for their discovery requests is that they don't do it just right ... and not doing it just right gives the receiving office/agency cause to ignore it.

On the other hand, there may be no tapes of any kind. In which case, I would presume, that if they are presented against you in court you can use your prior request as a means to get it suppressed or to get a continuance.

- Carl

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Maybe that's all that is requiired - I don't know. Also, if the discovery request was made of the prosecutor, I wonder if it is only applicable to what the prosecutor has in his possession? In traffic cases out here, they don't go to the prosecutor so the requests have to be served on the agency issuing the citation.

- Carl

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"Anyone have any input/suggestions?"

Yes, you will have to file a formal paper with the prosecutor's office that says you would like the case dismissed based on lack of discovery, and then you get another court date to go to court again (in about a month) to see about dismissing the case.

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"So if I go to court to see about dismissing the case based on the previous lack of discovery by the prosecutor, is it likely that the judge will deny the dismissal?"

I have ESPN not ESP.


"If the judge does deny the dismissal based on lack of discovery, will I have to prove that I was not breaking the law right then and there in court, or will I get a new court date to do that?"

From what you tell me, you should get a new court date.

None of your factual statements are defenses to what you are charged with.

BUT the prosecutor's failure to do anything about the discovery request would've gotten the charge tossed in my court! There's no excuse for that. BUT again, the judge may just give the prosecutor a continuance and reset the court date.

And, as I said, nothing you have said in the posts would show you are not guilty of the offenses.

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"Sound like a good case for dismissal? Or should I just talk to the prosetor and see about possibly paying like $100 for a non-moving violation instead?"

You really have not given any facts that would constitute a defense.

The judge could give the prosecutor more time to produce the discovery.

I would go for the non-moving violation.

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