It can also be denied if what the defense attorney is requesting is not relevant to the case. A Motion to Compel can be granted in whole or in part. During the hearing, a judge determines whether he or she will grant the defense’s Motion to Compel. Upon filing a Motion to Compel, a hearing is set. The prosecutor has the video but has not provided it to the defense despite a request to do so. For example, the defense attorney attempted to obtain a DUI video from the arresting agency and was unsuccessful. It also allows the defense attorney the option of filing a Motion to Compel discovery that is missing.Ī Motion to Compel should be filed when the prosecutor fails to disclose discovery that they have within their possession that they intend to use against the accused. A Motion To Compel: Asking The Judge To Force The State’s Handįlorida Rule of Criminal Procedure 3.220 clearly outlines the duty of a prosecutor to disclose relevant discovery. If the State still fails to provide the necessary discovery, the following two tools are available to defense attorneys. The first step is for defense counsel to contact the State Attorney’s Office in an attempt to gather more information or discovery. This hinders a defense attorney’s ability to examine potential defenses, prepare additional motions, and/or prepare for trial. However, on some occasions, the State Attorney’s Office will provide insufficient evidence to the defense. Defense counsel can usually go to the arresting law enforcement agency and request the video.
Other times, defense counsel can easily obtain needed documents and information without the assistance of the State Attorney’s Office. On most occasions, the State Attorney’s Office provides discovery to defense counsel that is sufficient. Discovery is provided pursuant to Florida Rule of Criminal Procedure 3.220. Discovery includes citations, police reports, electronic surveillance, physical evidence, and more. Information regarding the allegations against a person accused of a crime is called discovery. Each of our criminal defense attorneys has several tools in his or her arsenal to force the State’s Attorney to play ball in the discovery process.
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