Legal Question in Criminal Law in California
Discovery Package
Is a District Attorney
allowed to withhold evidence from a discovery package that would prove the innocence of the defendant and proceed to prosecute? For example DNA or Blood work. Thank you for answering this question. Now my next question is, When or how much time does the District Attny have to present the evidence to the defense that has been omitted from the discovery package? How long can it be held back? Should it be presented as soon as they get it? example blood work or dna.
1 Answer from Attorneys
Re: Discovery Package
The District Attorney's Office must disclose exculpatory information as soon as it comes to their attention. If there is something specific that you are aware of, your defense attorney should file a motion to compell discovery and a request for sanctions.
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