Criminal Motion For Discovery With Motion
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FAQ
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
Even if it is the only evidence in a case, a witness statement can be sufficient to secure a conviction. Once the jury believes the testimony of the witness and the judge finds it credible, they can find the person guilty. Often, people are arrested based on a victim's claim with no supporting evidence.
Depending on the totality of evidence still available in your case, the court may decide to dismiss the charges against you if the new evidence you present is persuasive. In other situations, the court may allow your case to be prosecuted again.
If the witness faces imminent prosecution but has a chance at an immunity agreement or plea deal, making a proffer could be the best option. This discussion should allow the defense counsel to share views on any potential motions to attack the indictment or any other perceived flaws in the government's case.