I have a question of course. I was charged with Disorderly Conduct. I have pled not guilty and have been assigned a public attorney.
Prior to my arraignment I did my own discovery of the matter. I found some questionable issues dealing with probable cause. I met with the prosecutor. When I met with her she played a 911 recording that was made.
I have been requesting a copy of the tape but she keeps avoiding me and wont return my calls.
The question: I believe I have the right to get this piece of evidence. Do I need to do it through my attorney which could take time or does she by law have to give it to me if I request it.
2 Answers from Attorneys
The prosecutor is not avoiding your calls. She is prohibited from speaking with you because you have an attorney. You need to work with your attorney for this information.
Under the rules of professional conduct, an opposing counsel cannot speak with you if you are represented by counsel. Any inquiries must be transmitted through your attorney.
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