Attorney Letterhead_Hussein & Webber
Fees and Costs Case Results Criminal Experience

Case Work

Home

CONSULTATIONRESOURCES

Home About Crimes Case Work Results Contact

OTHER PRACTICE AREAS

Assault Aggravated Assault Battery Aggravated Battery Domestic Violence Criminal Mischief Disorderly Conduct Burglary Petit Theft Grand Theft Resisting Arrest Probation Violation Marijuana Expunge Record Suspended License

CONTACT AN ATTORNEY

FACDL and NACDL Attorney Logos University of Florida Law School Alumni
View Motion Bank

MOTION TO COMPEL CRIMINAL DISCOVERY


FLORIDA CRIMINAL CASE FILINGS | HUSSEIN & WEBBER, PL


The following is a sample Florida Motion to Compel Discovery, to be used in a criminal proceeding where the prosecution gives inadequate or incomplete discovery responses.  These materials are provided for general reference only, and are not intended as a substitute for legal advice or for legal representation by a qualified Jacksonville criminal lawyer.


MOTION TO COMPEL DISCOVERY


 Defendant, XXXXX XXXXX, by and through undersigned counsel and pursuant to Rule 3.220(n), Florida Rules of Criminal Procedure, requests this Court to enter an Order compelling the State of Florida to comply with the various rules of discovery outlined in Rule 3.220.  As grounds for this Motion, Defendant states as follows:

 1. On or about XXXX XX 20XX, Defendant served the State of Florida with a Notice of Discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure.

 2. On or about XXXX XX, 20XX, the State of Florida served a response to the above-described Notice.  

 3. Defendant contends that the State of Florida’s response to Defendant’s Notice of Discovery is legally insufficient and non-compliant with Rule 3.220 for the reasons set forth below:

 (a) Under Rule 3.220(b)(1)(A), Florida Rules of Criminal Procedure, the State of Florida must, upon demand, furnish to a defendant the names and addresses of all persons known to the prosecutor to have any information which may be relevant to the charges or to any defense.  In response to Defendant’s demand for that information, the prosecution identified several persons, but prefaced that list with the statement, “Any transcripts of proceedings before the Florida Department of Highway Safety and Motor Vehicles regarding the instant Defendant in the instant matter.”  This response is insufficient and inadequate and defeats the purpose of Rule 3.220.

 (b) Under Rule 3.220(b)(1)(B), Florida Rules of Criminal Procedure, the State of Florida must, upon demand, permit defense counsel to inspect, copy, and photograph the statement of any person whose name is furnished in compliance with Rule 3.220(b)(1)(A).  In response to Defendant’s demand for the identification and production of such statements, the prosecution responded as follows: “Any statements on the arrest and booking docket CCR# XXX-XXXXXX, uniform traffic citation, field sobriety report, implied consent form, breath alcohol test affidavit, and refusal affidavit.  This response amounts to nothing more than a blanket assertion that, somewhere in the documentation pertaining to the present case, there may a statement. This boilerplate response is insufficient and inadequate and defeats the purpose of the Rule.

 (c) Under Rule 3.220(b)(1)(C), Florida Rules of Criminal Procedure, the State must permit defense counsel to inspect, copy, test, and photograph any written or recorded statement and the substance of any oral statements made by the accused, including a copy of any statements contained in police reports or report summaries, together with the name and address of each witness to such statements.  The response of the prosecution to that demand by Defendant was “Any statements by the accused on the arrest and booking docket CCR# XXXX-XXXXXXX, uniform traffic citation, field sobriety report, implied consent form, breath alcohol test affidavit, and refusal affidavit.”   That response is insufficient and inadequate and defeats the purpose of the Rule.

 (d) Under Rule 3.220(b)(1)(K), Florida Rules of Criminal Procedure, the prosecution must, upon demand, furnish to a defendant any tangible papers or objects that the prosecuting attorney intends to use in a hearing or trial that were not obtained from or did not belong to the defendant.  The response of the prosecution to that demand was “All items of evidence listed in the arrest and booking report CCR# 20XX-XXXXXXX, uniform traffic citation, field sobriety report, implied consent form, breath alcohol test affidavit, refusal affidavit, and maps/photos of incident/arrest location.”  This response is so evasive and equivocal that it defeats the purpose of discovery and misleads Defendant in the preparation if his defense.  Defendant contends that he is entitled to know with a reasonable degree of particularity and specificity what items the State is referring to in its response to Defendant’s Notice of Discovery.

 WHEREFORE, Defendant respectfully requests that this Court enter an Order requiring the State disclose or specify the information or documents described herein.