Deferred Prosecution / Request for Discovery

[someguy12]

What is the name of your state (Iowa)?

I was charged with Criminal Trespassing (simple misdemeanor). I was arraigned, and plead not guilty. In the interest of not having to hire an attorney, I contacted the prosecutor and requested deferred prosecution. While I do not believe that I am guilty, I believe this is the easiest way to pursue the matter. The attorney advised me that as this was just arraigned, he has not yet received the files in the matter to review. He advised me to call back towards the end of next week.

Should he not agree to the deferred prosecution, I will be needing a lawyer. My trial is set for early October. Will there be enough time for the attorney to request discovery etc before the trial (there apparently is no pretrial). Will I be able to get a continuance to allow for additional time? Should I request discovery to the prosecutor now on my own, just in case the deferred prosecution does not happen?

I am aware I should already have a lawyer, and if this falls through, I will be getting one.

Thanks!

 

[tranquility]

Discovery? For what? If you're just talking about the police report or something, that should be disclosed. What is it you would seek?

 

[someguy12]

Discovery? For what? If you're just talking about the police report or something, that should be disclosed. What is it you would seek?

A copy of any photo/video evidence and witness statements, and copy of statement made to police. Citation is for entering a store with no intent to purchase while harassing people.

 

[justalayman]

Here, you'll want this (not sure it is the most recent):


https://www.legis.iowa.gov/DOCS/Rules/Current/court/courtrules.pdf

 

[tranquility]

A copy of any photo/video evidence and witness statements, and copy of statement made to police. Citation is for entering a store with no intent to purchase while harassing people.

The police report should be disclosed without discovery. The photo/video evidence as well, but it wouldn't hurt to ask for it as if the prosecution doesn't have it (as it might not be needed), you'd have to get it from the store. Time lines are short so you might want to ask (Actually, have your attorney ask.) for a continuation if the DA does not agree with your request.