![]() The law that relates to a DWI defendant obtaining a bill of particulars in New York is New York Criminal Procedure Law (CPL) § 200.95. New York Laws about Obtaining a Bill of Particulars: A bill of particulars is important to the DWI defense attorney because it may be used as an investigative tool for the defense. ![]() The ultimate test that a court uses in deciding whether to grant a DWI defendant a bill of particulars is whether the information sought is necessary to their defense. A DWI defendant is generally allowed to obtain a bill of particulars when they seek clarification about their charges from the prosecution. In addition, the DWI bill of particulars tells the DWI defendant what charges the prosecution intends to prove so that the proof at trial is limited to those issues and so that any surprise is avoided. It is meant to give the DWI defendant and the courts information about the exact nature, character, scope and extent of the charges relied on by the prosecution in a DWI case. The bill of particulars is a more specific allegation of the facts regarding the DWI charge. 132-1.In a DWI case, the bill of particulars is a document prepared by the prosecution that states more clearly the charges against the DWI defendant so that the defendant’s DWI defense attorney can frame a defense and prepare for trial. Sample Petition and Notice of Hearing to Release Law Enforcement Recording Under G.S.Sample Motion and Order for Independent Testing May 2013 For independent testing or re-testing of toxicology evidence.Request for Discovery May 2015 Including requests for notice of expert witnesses, witness list, Brady material, and list of informants.Request and Motion for Discovery (statutory and constitutional discovery) May 2007.Records Custodian Affidavit May 2021 Affidavit of records custodian responsive to subpoena pursuant to N.C.Notice of Reciprocal Discovery May 2021.Motions for Constitutional Discovery May 2004.Motion to Reveal Deals or Concessions May 2021.Motion to Produce Impeachment Material and Prior Statements May 2021 Includes among other things personnel records and information regarding a confidential informant.Motion to Obtain Mental Health Records May 2021.Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy May 2021.Motion to Disclose Evidence of Prior Bad Acts or Crimes May 2013.Motion to Compel Officers to Turn Over Information about Investigation to Prosecutors May 2015.Motion to Compel Discovery Of Officers’ Personnel Files and Police Department’s Motion to Quash Subpoena May 2015.Motion for Non-Testimonial Identification Procedures May 2005.Motion for Discovery of Laboratory/Scientific Evidence May 2013 Sample discovery motion regarding DNA evidence additional types of evidence are included in this expanded motion.Motion for Discovery of Information Pertaining to Jury Selection Training May 2021 Motion sets out a defendant’s entitlement to discovery of policies and training, past or present, written or informal, regarding the prosecution’s use of peremptory strikes.Motion for Discovery of DNA Testing Information May 2021.Motion and Order for Production of Prior Trial Transcript May 2021 Motion for production of prior trial transcript in order to obtain prior statements of witnesses likely to testify at retrial. ![]() Motion and Order for Non-Testimonial Voice Identification Procedure Pursuant to G.S.Motion and Order for Non-Testimonial Identification Procedure Pursuant to G.S. ![]() Getting Police Personnel Records: Motions and Orders May 2004.Ex Parte Motion and Order to Provide Defendant’s Medical, Mental Health, and School Records to Defense Counsel May 2012.Ex Parte Motion and Order for Production of Records of Dorothea Dix Hospital May 2008 Seeking records of defendant’s past treatment.Ex Parte Motion and Order for Jail Records May 2013.Crime Scene Access Motion and Order May 2008 Motion for order permitting defendant to inspect, examine, and photograph a crime scene.Brady Motion for SBI Analyst Personnel Records May 2013 Motion for order directing State to acquire and disclose personnel and training records pertaining to an SBI analyst.Brady Motion Motion to compel production of exculpatory information.Brady Motion May 2008 Motion to compel the production of exculpatory information.Commission on Indigent Defense Services. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |