How do I get to see the evidence?

Demand it.


Most states have what is called discovery rights. This means that your attorney, once he is on the case, can demand that the state permit him to view, inspect, and copy all the physical or testimonial evidence the state intends to use at trial. This also includes inspection of physical evidence such as weapons, contraband, and videotapes.


In federal court it’s all upside down. In federal court you have very limited rights to see the evidence before trial. Most lawyers agree federal courts are leading the charge backward toward the Middle Ages; I call it the Dark Ages, of civil/criminal rights.


Most states have more and expanded discovery rights than are permitted in federal court.

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