Judge over-rules dismissal motion for lack of discovery...reschedules!!!??

[Focus2069]

Originally Posted by Z1NONLY

What if the state simply ignored the defendant’s request for the info in the first place? I mean if they fail to hand it over, the defendant will be at a disadvantage and make prosecution easier for them if he fails to protest, or his protest is overruled.

This is what is happening to me.

The judge gave the state 15 days to come up with my discovery.

It has now been around 45 days, and my court date is next month. The state has bascially ignored the judges order for discovery.

[Maestro]

Guys keep in mine this person never exercised his right to a speedy trial. Since he did not object to the continuance he waived his right to the speedy trail.

As a lesson learn, when the state failed on the discovery request you need to ask for a immediate dismissal which the person did, however, as soon as the state asked for more time then you follow up with you do not waive your right to a speedy trail and that you are ready and willing to processed right at this time. Which now forces the judge to deal with the original request for dismissal due to lack of compliance to discovery request or you proceed and rip the states case apart because they have no cal information on the equipment which means the measurement can not be trusted.