QUESTION
Can I get access to whatever evidence they have on the crime before I get charged?
Asked on Mar 14th, 2012 on Criminal Law - Michigan
More details to this question:
Can I get access to whatever evidence they have on the crime before I have been charged or before I went to court? All I have is a warrant right now.
7 ANSWERS
Jacob P. Sartz
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel. The answer depends on the type of hearing and charge. Generally speaking, though, the prosecutor will turn over copies of any evidence they intend to use at trial or at a hearing upon request. If they refuse, the defense can always file a motion with the court requesting the documents. I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.
Answered on Jun 21st, 2012 at 10:49 AM
Michael J. Breczinski
No you have to go in and be arraigned on the charges in order to get access to the evidence. Then they give it to your attorney.
Answered on Mar 15th, 2012 at 11:44 AM
Once you have been charged with the crime, you or your lawyer will receive the information through the process called Discovery. I get access to whatever evidence they have on the crime before I get charged.
Answered on Mar 15th, 2012 at 9:41 AM
No. Law enforcement does not have to disclose a police report of an ongoing investigation. In some instances your lawyer can negotiate to receive a police report before you are charged. In most cases, the prosecution has to provide discovery only after you are charged.
Answered on Mar 14th, 2012 at 5:57 PM
Douglas J. Lindsay
If a warrant has already been issued against you yes, you have been charged, and you need
to immediately answer to the warrant. YES all defendants in a criminal matter have an absolute right, through their counsel or, by their own means (if you represent yourself) to ALL evidence which the prosecutor has to use against you or, that evidence which would be beneficial to YOUR circumstance (exculpatory). The process is called DISCOVERY ...
Answered on Mar 14th, 2012 at 5:50 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, until you are charged it is their info. They may even decide not to charge.
Answered on Mar 14th, 2012 at 5:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible but the information is too limited to give you an opinion on your case. Generally the earlier an attorney is engaged the better the chances of a successful defense or early resolution.
Answered on Mar 14th, 2012 at 5:07 PM