vendredi 8 juin 2018

Discovery: Prosecutor Claims They Have No Discovery Materials to Give to the Defense

My question involves a traffic ticket from the state of: West Virginia

Hi,

Please reference previous post for more info: https://www.expertlaw.com/forums/sho...d.php?t=229213

I sent a letter asking for discovery, namely requesting the ticket, as well as

1. A copy of the officer’s copy of the citation, including the back side containing any notes
he may have made.
2. Copies of all other notes, reports, and other documents prepared by the officer in
connection with the matter.
3. Copies of calibration records for all speed records used to determine your speed.
4. A copy of the traffic and engineering survey that
resulted in a change in speed limit from 70 mph to 55 mph, on the date XX/XX/18.
5. A copy of the Commissioner’s Order, which ordered the speed limit to be reduced from
70 mph to 55 mph; which the State of West Virginia enforced.
6. A copy of construction work orders, that resulted in the creation of a “work zone” on
the dates between XX/XX/18 to XX/XX/18 between mile marker XX and XX, which the State of
West Virginia enforced, including copies of when and if construction work was
suspended during this time.
7. Copies of the patrol car dash cam video and audio recording of the stop, if existent.
8. Copies of any personal audio recording the officer may have made during contact with
the defendant.
9. Copies of any and all relevant written or recorded statements of witnesses, including
any statements, diagrams, or drawings made by the citing officer on any piece of paper
– including the reverse of his/her copy of the citation – or other medium of information
storage.
10. Number of tickets and citations issued between the week preceeding the ticket and the week following the ticket between mile marker XX and XX on I-XX by all police agencies (if available; please
provide any information / evidence available). Please separate information by date.
11. Any other evidence that is to be used at trial.

I called the prosecutor's office as I had not heard back for quite some time and they say they have no discovery and nothing to give.

Ummmmm?? How is that possible unless the judge and prosecutors have already gotten together and decided the cases. How will they prove anything? This seems like the standard because the woman on the phone was like we don't do discovery for traffic tickets.


Discovery: Prosecutor Claims They Have No Discovery Materials to Give to the Defense

Aucun commentaire:

Enregistrer un commentaire