When must the state provide evidence? Statutory guidelines and proactive approach needed.
The Timing of Evidence Disclosure in Criminal Cases
I’m James Wirth, a lawyer in Tulsa. In criminal cases in Oklahoma, the defendant has the right to receive all evidence that the state has against them. This process is called discovery. However, the state is not required to provide the evidence until a certain deadline.
According to Title 22, Section 2002, Subsection D, all issues related to discovery must be completed at least 10 days prior to trial. This means that the state must provide all evidence at least 10 days before the trial begins.
Requesting Evidence Earlier
While the state is required to provide evidence at least 10 days before trial, it is possible to request evidence earlier. It is also common for courts to set deadlines before the 10-day mark. As a defendant, it is crucial to request evidence as early as possible and be specific about what evidence is needed.
To ensure that the state provides all required evidence, it is recommended to file a motion for discovery and set it for an Allen hearing. This hearing is where the state must provide all evidence to the defendant and the court before the trial begins.
Consult with a Criminal Defense Attorney
If you are facing criminal charges, it is essential to consult with an experienced Oklahoma criminal defense attorney. They can help you navigate the discovery process and ensure that you have all the evidence you need to prepare your defense.
To schedule an initial strategy session with an attorney at my office, visit makelaweasy.com. Don’t hesitate to get the legal advice you need to protect your rights and your future.
