Sunday, 1 February 2015

Can I file for discovery on a past felony guilty plea case?

Question

Can I file for discovery on a past felony guilty plea case?



Answer

Not unless you have a pending Rule 32 petition in which you are attempting to set aside the guilty plea. Even then, obtaining discovery is extremely difficult. You will need to show how the specific discovery requests are directly relevant to the specific allegations you made in the Rule 32 petition, and your request will have to be substantiated rather than appear to be that you are fishing for information.

To learn more about Rule 32 petitions, read the article at this link: http://williampfeifer.com/2010/01/26/12/30/23/criminal-procedure/using-rule-32-to-set-aside-a-guilty-plea-conviction-in-alabama-part-1/193

If I can be of assistance, please let me know.

William L. Pfeifer, Jr.

Attorney at Law

http://williampfeifer.com



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