By Johanna S. Zapp, Esq.
You’ve been arrested, perhaps you’ve been extradited, and now what? You have a lawyer who tells you that the next step is that you’ll be getting your “discovery” (another word for evidence) from the prosecutor. But when will you get your discovery? Over these past few years I’ve learned that you need to be patient. Often your patience pays off. If you are too aggressive, meaning you are pushing, pushing for your discovery- it can backfire in the long run. You don’t want to anger the person who you may need something from down the road. Don’t get me wrong, if something untoward or unfair is going on, you must speak up and address the issue. But understanding that these prosecutors are over worked and understaffed is a big part of why there may be a delay. It has nothing to do with your case on a personal level. I’ve had experiences where I made the conscious decision to leave the prosecutor alone, let him be, and it paid off in spades. A client of mine received everything I asked for in his plea agreement and there was an email from the prosecutor that said “thank you for your patience.” That was a tremendous learning experience for me and because of that, I tell my clients to be patient. Patience (within reason) should serve you well when it’s time for sentencing.