Legal Question in Criminal Law in Florida

If the state says in their discovery exhibit that they have certain evidence against a defendant and they do not or cannot or will not allow the defense to inspect ,copy, test, photograph, etc. is this grounds for dismissal?


Asked on 9/26/10, 7:29 pm

2 Answers from Attorneys
Mario Musil The Musil Law Firm

Normally, that evidence cannot be used against you in a trial if it is not disclosed or provided to the defense. In some cases this may lead to the case being dropped by the state, if the judge suppresses the evidence or disallows it from being used. Not disclosing evidence, however, does not lead to an automatic dismissal of the case - since it depends on the circumstances and the importance of the evidence.

If you have further questions, you may call us at 877 706 8745 or visit us at www.musillawfirm.com.

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Answered on 10/02/10, 6:33 am
Craig Epifanio Craig Epifanio, P.A.

Unless you or your attorney filed a notice of intent to participate in discovery, then you are not entitled to it. I suggest you talk to an attorney or immediately hire one.

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Answered on 10/02/10, 7:09 am


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