But The Government Says,, You’ll Get That Information in Due Time

Now how many times do you hear the title of this article? I don’t know about you, but I hear it over and over again until I get sick and tired of it. It seems that in at least one county they let me practice law in, I hear those infamous words over and over again. I can’t understand why the government is doing what they do. I always thought that in our system of justice, the defendants rights were important and especially the right to confront his or her accusers and witnesses.

It seems that the government is not fully disclosing things that may result in a dismissal of charges against an individual or may result in information being gathered by the defense that leads to a plea agreement quickly enough. I really don’t understand it. Some of the DA’s seem to enjoy inflicting pain and punishment on individuals who have not been found guilty of any crime at all. It would seem to me,, if God forbid,, I were a prosecutor, I’d like to know as quickly as possible which cases the defense will plead out and which cases may have to go to trial.

I’d like to think that the easiest way to accomplish this would be to have the information readily available to the defense so that they could make the decision to either plea the case or proceed to trial. Sounds easy enough, right? I mean, why hide your crappy cases or your good ones for that matter, when you could relatively quickly decide the likelihood of trial or plea. How could a defense attorney plea a case, when he or she doesn’t have enough information to decide one way or the other?

I know of one judge who is implementing changes in the policies in court and requiring the DA to disclose information quite a bit earlier than the DA would like. I think that’s sound a policy decision. It would stop the defense from filing a Motion to appoint an investigator just to get information the DA should disclose. I mean the DA’s have a nasty habit of not disclosing information until a very short time before the trial and that prevents the defense from discussing all aspects of the case with their clients.

In America today,, there is no need to run your local DA’s office like the star chamber. It behooves the prosecution and defense to disclose information early in the game so that each side can make some relatively important decisions about the progression of the case.

Anyway, I’m just disappointed with some of the prosecution’s members who will not disclose information and decide to impair the orderly administration of justice in some counties. Have a nice day,, I’m off to jail.


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