How can I legally have access on a discovery packet? 6 Answers as of February 15, 2012

There are 3 defendants. Out of the 3, 2 are siblings - brother and sister. The 3rd was a friend. The sister and friend have a lawyer but the brother does not. Trial is starting. Jury was already interviewed. The brother is the only defendant without discovery. The brother was told he cannot receive discovery from conflict panel. If this is true, I need to know if there is any other way the defendant (brother) can legally have his own access of a discovery packet?

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Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Why doesn't he get his sister's and make a copy. Makes life a lot easier. Is he going to trial without counsel? That is really not good idea.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
Why doesn't the brother have a lawyer. If it's a criminal case, he's entitled to one. From your post, it sounds like the public defender can't defend him and he would need an attorney from the conflict panel. Did he refuse the conflict panel appointment? If he's proceeding in pro per (representing himself), he has a right to discovery. Whatever the case, he needs to consult an attorney right away. If he can't afford one, he should demand his right to have one appointed. However, if he's not satisfied with the appointed attorney, he doesn't have a right to another one. He has to accept whomever is assigned.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
That is bull. Every defendant is entitled to discovery. The attorney is obligated to redact the discovery and provide a redacted copy to the defendant/client. The fact that the case is already in jury selection and one of the defendants still hasn't seen the discovery is beyond me.
Answer Applies to: California
Replied: 2/15/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
There are some limits to what a pro per defendant can have and how he gets it but denial is inappropriate. Kid needs attorney [some time ago]. As trial is starting, MAY be too late to ask for attorney.
Answer Applies to: California
Replied: 2/15/2012
Hammerschmidt Broughton Law | Mark A. Broughton
How is it that the brother does not have a lawyer representing him? Is this a criminal case? If so, there are some major constitutional violations going on here, unless the brother has had the court approve him to represent himself. And you know what they say: A person who represents himself has a fool for a client. Discovery is available to the attorney, and the client can get it from the attorney if he asks for it (although I do not like to give it to them because it creates other problems; reviewing it together is my preferred method). If this is a civil case then you should direct your questions to the civil attorneys section. But if it is a criminal case there are some serious issues here.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
In a criminal case discovery is given to the defense attorney. if the defendant is representing himself then he may receive a redacted copy of the discovery. Most defense attorneys will only give a redacted copy of the discovery if the defendant asks for it in writing.
Answer Applies to: California
Replied: 2/15/2012
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