No discovery for simple misdemeanor in Iowa??? HELP PLEASE

[terryha...@gmail.com]

HELP PLEASE!!!! My nephew was charged with theft in the 5th degree. He says he did not do this even though they say they have him on video. He has requested discovery to view what they have to prepare for trail and is being told the following:

"The Defendant's motion for discovery is sustained to the extent discovery is permitted by Iowa Rules of Criminal Procedures in a simple misdemeanor case".

I am amazed that he would be granted a jury demand but is not allowed access to what is needed to prepare his for his trial date. (It just don't make sense)

We realize it is just a simple misdemeanor, but he doesn't want to pled guilty to something he didn't do. Is there anyway around this? Any help you can give is greatly appreciated. (Thanks)

[David L. Martel]

Terry,

His request for discovery was sustained. That means he gets discovery.
What does he need that isn't available because he's charged with a
misdemeanor? Sounds as if he does not have a lawyer.

Good luck,
Dave M.

[McGyver]

It happens that terryha...@gmail.com formulated :

If your nephew has an attorney representing him, the attorney will know
or find out the rules in Iowa. Then the attorney will request the
discovery materials as allowed by Iowa law and will receive it. Since
you say that your nephew asked to view the video, that implies that he
doesn’t have an attorney representing him. The rest of this answer is
based on that conclusion.

I don't know anything about discovery rules in Iowa. This answer deals
with other issues.

Pleading guilty is not an alternative to discovery. He needs to do
discovery. If he doesn't know how, he needs to learn how. When a
person undertakes to represent himself in any trial, his task is to
learn as much law, including procedure law, as a competent attorney
would be expected to know pertaining to this case. If he can't do that
he will lose. There are only three alternatives. Hire an attorney,
learn enough to do it yourself, or lose.

Asking an uncle to ask a question on the internet is not a sufficient
method of learning the law. There will be many more questions. Worse,
neither the nephew nor the uncle will know what questions to ask. The
way to learn is to spend weeks full time in the county law library
studying the applicable law and procedures.

Even if he gets discovery, it won't do any good to look at the video if
he does not learn how to tell the judge and the jury that the video is
wrong, or doesn't mean what it seems to mean. There are procedures for
that. You don't get to show up in court and start telling the judge
and jury what you think. This is not small claims court. The judge
won't advise your nephew on how to present evidence or challenge the
prosecutor's evidence. If your nephew doesn't introduce evidence
correctly, the prosecutor will object and the evidence doesn't get it.

You can help him hire an attorney, but you can't help him learn the law
by asking miscellaneous questions on the internet. Sorry I couldn't
give you the kind of help you asked for or the kind you need.

This answer must not be relied on as legal advice for the reasons
posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your
attorney.

McGyver

[naug...@netscape.net]

[> "The Defendant's motion for discovery is sustained to the extent discovery [is permitted by Iowa Rules of Criminal Procedures in a simple misdemeanor ]case".

[>
[> I am amazed that he would be granted a jury demand but is not allowed access [to what is needed to prepare his for his trial date. (It just don't make [sense)

THIS ABOVE Tells Me That *YOU*... And QUITE LIKELY, Your Nephew, Are PROFOUNDLY CONFUSED WRT Criminal Law AND Rules Of Criminal Procedure... Iowa's OR Any OTHER Jurisdiction's...

It Is a BAD THING To Walk Into COURT, PROFOUNDLY CONFUSED About THE LAW, And THERE, "Duke It Out" With THE PROSECUTOR, Who, While Likely PROFOUNDLY CONFUSED WRT *THE FACTS* Of THE CASE; Is _NOT_ So CONFUSED WRT LAW & RULES Of Criminal Procedure...

The BEST ADVICE *Anyone* Can Give YOU & NEPHEW Is: "GET a LAWYER"... PAY FOR/Make Payment Agreement With a PRIVATE ATTORNEY - Or Request a PUBLIC DEFENDER - But GET. A. LAWYER.

Naughtius "FUCK YOU JUDGE! You CAN'T DO THAT!!" Maximus

[iowaleg...@gmail.com]

Just came across this. Probably too late at this point, but anyway: Under Iowa case law, discovery is extremely limited for simple misdemeanors. Oral discovery (depositions) is never allowed because of the Iowa v. Jones County District Court case. Written discovery (requests for production) is allowed only with the permission of the court. Unless the county attorney prosecuting the case voluntarily gives the documentation over, a motion for production must be filed. The court will then consider the cost, burden to the state, ease of fulfilling the request, and speed at which the request could be fulfilled in deciding whether discovery should be granted. You should expect considerable resistance from both the county attorney and the court with this kind of motion; it is so rare that most Iowa attorneys and judges are under the impression that there simply is no discovery allowed.

Iowa does allow jury trials for simple misdemeanors, but a jury demand must be made in writing within 10 days of a defendant's entry of a not guilty plea.