Is a defendant entitled to all information regarding case from his/her attorney, no matter what or when during hearing process?

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Is a defendant entitled to all information regarding case from his/her attorney, no matter what or when during hearing process?

Is a defendant entitled to all information, transcripts, audio, video and any other information pertaining to his/her case at anytime during incarceration? If defendant takes a plea but lawyer has yet to provide him/her with all information regarding their case are they still entitled to the information?

Asked on April 27, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

While it's good practive for an attorney to go over all items of discovery in their possesion with their clients PRIOR to entering a plea, a client is still entitled to copies of it even after the plea.  Keep in mind that different counties have different procedures as to when that discovery is turned over.  If it was not turned over by the DA prior to the plea, you may have to make a freedom of information request to get the items.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

A defendant is entitled to their avaiable discovery prior to trial and in most cases prior to a plea of guilty. Discovery can come at different points during a criminal case, but your attorney should still convey this information with you even if you are incarcerated so you will know what the evidence is. 


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