Discovery Criminal Case With No Evidence

State:
Multi-State
Control #:
US-00855
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.
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FAQ

In a criminal prosecution, discovery can include a wide range of items that are often crucial for your defense, such as: all the hard evidence in the case, such as physical evidence; exculpatory evidence that could be favorable to your defense; witness statements and depositions from police.

If the judge and jury find a witness statement credible, they can charge or convict you of a crime based solely on witness testimony alone. The statement must be made under oath for eyewitness testimony to be used to charge someone with a crime.

Term: NO EVIDENCE. Definition: No evidence means that there is not enough proof to support a claim or argument. It is when someone cannot show enough evidence to convince a judge or jury that their side is true. This can happen in a court case when one party cannot prove an important part of their case.

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, ?I'm going to request discovery,? that means they're going to get the evidence that the state claims they have.

The answer is clear: The defense. Since it is up to the prosecution to prove that the defendant committed the crime alleged, if the prosecution does not provide any proof (in the form of evidence), the case must be dismissed.

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Discovery Criminal Case With No Evidence