Request to Postpone Your Next Court Date in Order to Obtain Discovery or Evidence Obtained against You from the Prosecutor
At the same time the lawyer sends over an entry of appearance to the court, the lawyer’s supposed to make a simultaneous request for discovery from the prosecutor. Discovery generally consists of police reports, video tape of the investigation, audio tape from the radio dispatch, information concerning the breath test machine, maintenance records for the breath test machine, and any expert reports that the state intends on submitting in the case.
Will Your Attorney Easily Be Able to Obtain All the Prosecutor’s Evidence?
Now it doesn’t mean that they’re always going to give you what you ask for. Many prosecutors will try to give the bare minimum discovery, which forces a good defense attorney to file what’s called a Motion to Compel Discovery.
Motion to Compel Discovery
This Motion to Compel Discovery is a request from the judge to sign an order telling the State that particular items of discovery have to be produced within a certain period of time. If they don’t produce that information within a certain period of time, then that information that has been requested may be precluded as coming in as evidence against the accused or the case may potentially be dismissed.
Failure of the Prosecutor to Comply with This Motion May Be Favorable to Your Case
Sometimes, if discovery that has been ordered has not been produced in a particular period of time, then the stage may be set for negotiations with the prosecutor concerning dismissal of either a DWI charge or refusal charge or particular pieces of evidence in the case, such breath test results.