How doIfind out about discovery protocol if I’m pro se?

UPDATED: Sep 18, 2011

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How doIfind out about discovery protocol if I’m pro se?

I am facing a criminal charge and my lawyer just quit on me for financial reasons. I had the grand jury hearing the other day in which they handed down an indictment on me. My next court date is in 6 weeks, the pretrial conference. I want the DA’s files. At which point do I ask for them and how do I go about it? Do I need to submit anything in writing or do I call ahead or what?

Asked on September 18, 2011 under Criminal Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Do NOT represent yourself if you are facing a criminal charge--too much is at stake, and you also have recourse or options:

1) It may be that lawyer will not be allowed to quit on you at this point--not until you have new representation lined up. You can contact the court (e.g. the judge in your case), explain what happened, and see what the court does.

2) The other reason to contact the court is that you have a constitutional right to an attorney. If you lawyer quits and is not required to keep representing  you, you have an absolute right to have a new lawyer appointed for you (e.g.a  public defender)--so let the court know, the court can put this in motion.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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