Discovery Rights In California

Summary

Defendants in California generally have the right to see all evidence against them, including text messages. Redactions may occur for privacy or safety reasons. If your public defender is unresponsive, request a meeting to discuss your concerns. If issues persist, consider filing a complaint with the State Bar of California or requesting a new attorney. Discuss any missed plea deals with your public defender and consult a new lawyer if necessary.

Full Conversation

should I be able to see my whole discovery in my criminal case without it being redacted?
Hello Mitch, in California, you generally have a right to see all evidence against you, which includes the discovery. However, some parts can be redacted for privacy or safety reasons. Could you specify what is redacted in your case?
supposed text messages and screenshots of messages that are supposedly between myself and the other party
Hello Mitch, in California:
- You have the right to see evidence against you, including text messages.
- Redaction can occur for privacy or safety reasons.
- If you believe the redaction is unnecessary or unfair, consult your attorney or public defender.
what do I do if my public defender doesnt listen to me?
Hello Mitch, if your public defender isn't being responsive:
- Request a meeting to discuss your concerns.
- If issues persist, consider filing a complaint with the State Bar of California.
- You may also request a new attorney, although this isn't always guaranteed.
my public defender hasn't been telling me everything that's going on in my case, he never explains anything to me, he also never contacted all my witnesses and he didn't tell me about a plea offer till a few months after the plea was originally offered
Hello Mitch, it sounds like you're facing challenges with your public defender. Here are some steps you might consider:
- Request a clear explanation of your case status.
- If unsatisfied, contact the California State Bar to file a complaint.
- Consider asking the court to appoint a new public defender.
I have my preliminary coming in about a week, if my public defender had told me about this plea I would have taken it but he didn't tell me till now, which has given the da all this time to build a case on me and add new charges which wouldnt of happened had my public defender told me about the plea barging in the first place
Hello Mitch, it seems like a tough situation. Here are some suggestions:
- Discuss your concerns about the missed plea deal with your public defender.
- If necessary, consider filing a complaint with the State Bar of California.
- Lastly, consult with a new lawyer if possible.