Can the court ask a defendant being arraigned for under the influence of a controlled substance to enter a plea while being denied access to...

Question

Can the court ask a defendant being arraigned for under the influence of a controlled substance to enter a plea while being denied access to the arrest report and toxicology report? Also, is the public defender obligated to ask the judge for that information in the file?

Answer

Don't use the public defender unless you intend to plead guilty.

Answer

The prosecution normally hands over document such as the arrest report and the toxicology report at the arraignment. It is part of discovery. If the prosecution refuses, the defense can serve a demand, and if the demand is not met, can file a motion with the court to compel the discovery production.