Legal Question in Criminal Law in Maryland
In Circuit court
If a pd filed papers for the discovery packet on June 10, it is now June 30, does it mean the state has no evidence? What should be the next step the pd should take and should he honor the rule by disclosing that material?
Asked on 6/30/09, 6:30 pm
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
Re: In Circuit court
It does not necessarily mean that the state has no evidence. It means the state has not responded.
Your lawyer could contact the state's attorney, who may have a legitimate explanation, such as not having received the materials yet. Perhaps the state's attorney has been preoccupied in trial or out sick.
If your lawyer believes that the state is intentionally withholding evidence, then your lawyer could file a motion to compel discovery.
Answered on 6/30/09, 9:22 pm
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