how can you make a detective hand over a homicide report after a motion to compel was filed and granted

Asked on June 1, 2009 under Criminal Law, Florida

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 11 years ago | Contributor

 

Does the motion to compel concern itself with the homicide report?  If so, when your attorney (or you) serves the court's order upon the police department, it should comply by providing the materials described in the court's order granting the motion.  Such a report could also be subpoenaed, if it is indeed discoverable. However, you typically cannot subject such documents to compulsory production (subpoena) if they are not first determined to be discoverable.

I apologize, second paragraph removed.  It does not apply to your question.

I offer this information in an effort to allow you to better understand some general legal principals that may apply to your fact scenario.  This is not intended to substitute for a detailed consultation with an attorney admitted to practice before the bar of your state.  Laws differ from state to state.  Thus, the information above does not constitute legal advice.  Further, ethical rules prohibit an attorney such as myself from "practicing" law in any state but the state in which I am admitted.  

 


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