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Blog · August 5, 2016

Can a Criminal Case be Dismissed if the Prosecutor does’t give over all of the Discovery? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can a case be dismissed if the prosecutors didn’t give over all the discovery?  I am charged with possession of meth. A deposition was giving to a Sheriff regarding who handed him a packet of meth in the hospital emergency room. The Sheriff did not remember in deposition. In a deposition that I have from someplace else list the Sheriff initially found the meth. That Sheriff is not the one listed in discovery the state gave us. The prosecutors handed over discovery list another Sheriff that found the meth or collected the meth from the hospital personal. Can the charge be dismissed based on the wrong Sheriff was disposed on who actually collected the meth? Or dismissed regarding the initial Sheriff that found the meth wasn’t listed in the discovery? My lawyer hasn’t mentioned anything regarding that issue. Please bear with me I can tell I use to be mentally faster, my thought process was more professional mentally prior to being assaulted in the head and hit by SUV going 45 mph. No I’m not on any drugs as insinuated in prior question.

A:     Chosen as “Best Answer” by Asker on www.AVVO.com

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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1 lawyer agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

” href=”https://www.avvo.com/legal-answers/can-a-case-be-dismissed-if-the-prosecutors-didn-t–2624715.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>1

Lawyer agrees
Best Answer
chosen by asker
Answered . You have asked several questions about your felony possession charge online and for all of them the answer is going to be the same….

No cyber-lawyer can offer you an informed and responsible opinion on your case.

4th Amendment analysis (and procedural matters such as those which you are asking about) are case specific and require a full and complete analysis of all of the facts and circumstances.

You have a lawyer and you need to address your case specific questions to your lawyer.

Discovery violations are decided by the Judge and if any sanction is to be imposed then it is the Judge who will determine what is appropriate under the circumstances. Dismissal is almost never heard of.

Again, I strongly encourage you to ask YOUR (caps intentional) lawyer, and only your lawyer, these questions.

Anything less is a) irresponsible (your criminal case is sacrosanct and should not be discussed publicly), b) not likely to result in a competent or accurate answer (no one except your lawyer is intimate enough with the facts and circumstances of you and your case to offer up competent and responsible advise) and is also c) an affront to the attorney-client relationship.

I am 100% certain that if I were your lawyer then I would be none too happy about you asking questions about your case of other lawyers, especially on the internet.

Not withstanding my advise (i.e. that you please get offline and into your lawyer’s office), still, I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
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Posted 7 minutes ago.
Yes the answer have all been helpful. Initially from what I have heard and from a uneducated layperson point of view I wanted to make sure my lawyer is heading in the right direction. The information I am given by him is the correct information. I have suffered a sever head injury in turn has left me to know , I use to be more intelligent answers came faster to me at times and in this situation I am flying bl I ND so to speak. I most definitely appreciate the advice , time and honest opinions givin free of charge. If I don’t know it is broken I cannot fix it. Now I understand the disrespect by not not honoring my lawyers opinion. Thank you for pointing me in the right direction.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted less than a minute ago.
I am very glad that my answer was helpful to you and I both wish you the best of luck and thank you for your kind +++ feedback.

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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