Disclosure

[minnproper]

What is the name of your state? mn

I plan on using screenshots from the officer's squad car camera, as well as maps from google as evidence. Is this something that I need to share with the prosecution before the trial, or would it be acceptable to just show up with them because he supplied me with the video, and maps are more of a "general" knowledge sort of thing?

 

[JETX]

I plan on using screenshots from the officer's squad car camera, as well as maps from google as evidence. Is this something that I need to share with the prosecution before the trial, or would it be acceptable to just show up with them because he supplied me with the video, and maps are more of a "general" knowledge sort of thing?

As defendant, you have no obligation to advise them of your 'defense strategy'.

 

[minnproper]

As defendant, you have no obligation to advise them of your 'defense strategy'.

That's what I wanted to hear, thanks

 

[seniorjudge]

That's what I wanted to hear, thanks

You have started numerous threads on this question and are double posting.

But, in any event, you have certain obligations to disclose your "evidence":

Google

minnesota criminal rules procedure discovery

and find out what they are.


Rule 9.02 Disclosure by Defendant



Subd. 1. Information Subject to Discovery Without Order of Court. Without order of court, the defendant on request of the prosecuting attorney shall, before the date set for the Omnibus Hearing provided for by Rule 11, make the following disclosures:

etc.

Have fun completing your research.

 

[minnproper]

You have started numerous threads on this question and are double posting.

How am I double posting? It seems that after a certain ammount of days my old posts get deleted.

Is there some forum setting that I need to change? It is not my intention to clutter the forums.

 

[JETX]

But, in any event, you have certain obligations to disclose your "evidence"

Sorry my friend, but NOT true.

Information Subject to Discovery Without Order of Court. Without order of court, the defendant on request of the prosecuting attorney shall, before the date set for the Omnibus Hearing provided for by Rule 11, make the following disclosures:

In some 20 years in courts around the country and numerous traffic court appearances, I have yet to have a prosecutor ask the cited party what evidence they plan to present.

 

[Happy Trails]

How am I double posting? It seems that after a certain ammount of days my old posts get deleted.

Is there some forum setting that I need to change? It is not my intention to clutter the forums.

All your threads are still here:

https://forum.freeadvice.com/showthread.php?t=385623

https://forum.freeadvice.com/showthread.php?t=387113

https://forum.freeadvice.com/showthread.php?t=388782

 

[Hey There]

Just the Facts

2-3-08
minnproper

I plan on using screenshots from the officer's squad car camera, as well as maps from google as evidence. Is this something that I need to share with the prosecution before the trial, or would it be acceptable to just show up with them because he supplied me with the video, and maps are more of a "general" knowledge sort of thing?
______________________________________________________________________________________________
Has the Prosecuting Attorney requested disclosure?
According to this section
Rule 9.02 Disclosure by Defendant
Subd. 1. Information Subject to Discovery Without Order of Court.
Without order of court, the defendant On REQUESTof the PROSECUTING ATTORNEY shall, before the date set for the Omnibus Hearing provided for by Rule 11, make the following disclosures:etc.

********************

(1) Documents and Tangible Objects. The defendant shall disclose and permit the prosecuting attorney to inspect and reproduce books, papers, documents, photographs, and tangible objects etc..
According to your post the item you have on hand (Video) was supplied by the Prosecuting Attorney and Maps are available to anybody.
**********************
Subd. 3. Information Not Subject to Disclosure [/B]by Defendant; Work Product. Unless otherwise provided by these rules, legal research, records, correspondence, reports or memoranda to the extent they contain the opinions, theories, or conclusions of the defendant or defense counsel or persons participating in the defense are not subject to disclosure.

As JETX states a defendant is NOT obligated to supply the Prosecuting Attorney with the (defense strategy)"Work Product" he plans to present at trial.

By typing legal definition of "work product" in the Google Search Window there are several sites of interest, although not critical to preparing your case.

Among several websites reached through Google regarding defense of a speeding ticket, one I've found that gives complete instructions in preparing for court, a list of drivers' rights, and how to cross-examine the citing officer on the accuracy of the method the officer used to determine the speed is :
Speeding Ticket--Fighting or Plea Bargaining .

Best Regards,
Hey There

 

[minnproper]

JetX and Heythere,

Thanks for the info. I believe that you are both correct. Now re-reading rule 9.02 it does have the condition of being asked for the information, which hasn't happened.

Good thing you guys are here, I had a document drafted up and ready to serve with all the evidence I planned on using. It did seem a little odd that I would be required to give the prosecution (pratically) my whole defense.

I'm definately glad I found this forum.


Happy Trails,

I see that my old posts are still there, there was a forum setting to hide old posts that I had on. I just thought that the board administration ran a tight ship and deleted posts without activity, I apologize for the multiple posts.

 

[minnproper]

Regarding the items I wish to use as evidence, what is the proper procedure to introduce them? Can I just show up with them to trial? Do they have to be marked specially, registered with the clerk beforehand or anything else?