If you are charged with a crime does the state have to give you the motion of discovery or can they withhold it?
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If you are charged with a crime does the state have to give you the motion of discovery or can they withhold it?
Asked on December 20, 2015 under Criminal Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Discovery means the facts and evidence supporting the criminal charge against you.
It is provided to your attorney unless the state is asserting a legal privilege (reason) as to why some of it is not being disclosed. Depending on what legal privilege is being asserted to withhold discovery, it may be challenged in court.
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