You're not the first one to ask any of these questions and my guess, you won't be the last. Here is what I mean;
California Penal Code Section 1054.1.
The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information,
if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:
(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.
Considering the fact that there will be no prosecuting attorney handling your traffic case, the argument can be made that they do not have the knowledge of what evidence will be presented against you in court. Therefore, they typically will either tell you they are not responsible, or they will refer your request to the issuing aganecy for handling.
After a little researching, it seems that the citing agency (police dept.) don't have any obligation to fulfill my request.
I disagree... Here is why:
California Penal Code Section 1054.5.
(a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties.
So in my opinion, and since the law enforcement agency is the one actually preparing and presenting the case against you, they are, by my interpretation, responsible for fulfilling your request...
Should I request it anyway?
What other choice do you have?
There are only 15 days until my trial by written declaration is due.
Why not wait until the last minute???
California Penal Code Section 1054.5
(b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.
As you can see, they have 15 days to fulfill your request... Assuming they chose to even reply, that is. And by you waiting this long, you left yourself no time whatsoever to request any of the remdies offered by the court if they were to ignore your request.
I'd still send it in... Who knows, you might be one of the lucky ones who will get the items you requested.
Oh, and just to save you the time and effort of posting
"Can I ask for a dismissal if they don't reply", here is the answer:
California Penal Code Section 1054.5.
(c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.
So, out of curiosity, what were you cited for, by what law enforcement agaency and what items are you requesting?
