Legal Question in Criminal Law in Florida

In the state of Florida, if you have been charged with a third degree felony and after formal charges were filed. The state failed to provide discovery for 5 months, we have an email from the prosecuted who does say that he sent an offer to my attorney back in January that was never received by him and that he would send over the discovery right away, finally got discovery in June, is this grounds for dismissal? Or is this common?

Asked on 7/21/13, 1:06 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It's not really grounds for dismissal. It is not uncommon, but not unheard of. If your attorney feels it is necessary to file any motions then they will do so.

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Answered on 7/21/13, 2:16 pm

Joseph Justice The Justice Law Firm

It may be a discovery violation, but it is almost certainly not grounds for dismissal. Your lawyer can take appropriate action.

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Answered on 7/21/13, 2:57 pm

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