Evidence

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Evidence

Am I entitled to see all the evidence that the court has against me? I am expected to take a plea offer and i have yet seen any evidence that the prosecuter and my public defender have. Is this right?

Asked on May 6, 2009 under Criminal Law, Washington

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT, not WA, but i practice criminal law.  The rules in WA regarding your ability to see evidence are very similar as they are based on the Federal Rules of Criminal Procedure that we all follow.  You have indicated that you have a public defender (PD).  Therefore, you should take the time to call your attorney and ask him to go over the state's file with you so that you can see/discuss the evidence it has.  Your PD should spend the time to sit with you and go over the state's case so that you can intelligently and voluntarily make an informed decision about whether you should take a plea.  Otherwise, you cannot go to court and say to the judge that you are making the plea voluntary and intelligently as required under the rules of court.  I suggest you call your lawyer or get a new one that will communicate with you!


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