Legal Question in Criminal Law in North Carolina

I have a question for anyone if they can answer this legally. If you are convicted of a crime in 2003 and you never had a copy of your Discovery and the Public Defender's office says the files were destroyed by a flood... Are the still not held to give you a free copy of your Discovery and if so, how do you go about getting them as they say they are not responsible to give you a from the D.A.'s copy..

Asked on 4/30/19, 1:58 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

It would be helpful to know why you want discovery from a 15 to 16 year old 2003 conviction? Even if the files weren't destroyed by flood, they are only obligated to keep files for 7 years. So they are likely correct when they say they have no obligation to provide a copy now. You can ask the DA's office if they have a copy but odds are they won't have a copy either.

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Answered on 4/30/19, 3:00 pm

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