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Where there is a question whether or not the State has adequately disclosed the necessary information, all doubts should be resolved in favor of requiring disclosure so that the defendant is informed of the facts necessary to mount a complete defense.266Ģ63. The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. However, the State is not required to disclose its theories or the manner in which it believes the crime was committed.265 A defendant is entitled to be informed of the specific dates and/or, where relevant, time periods in which the events giving rise to the charge.
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The court must balance the need to insure that the accused possesses the information necessary to prepare a complete defense against the government’s right not to disclose completely the detailed evidentiary facts and theories that is expects to prove at trial.264Ī criminal defendant is entitled to have the government state the central facts that will enable the defendant to conduct an investigation of the events giving rise to the charge. The availability and scope of a bill of particulars, and the sufficiency of the response thereto, are matters within the discretion of the trial court. The bill of particulars is designed (i) to inform the defendant of the specific nature of the charges where necessary to prepare a complete defense (ii) to prevent or minimize the possibility of a prejudicial surprise at trial and (iii) to protect against double jeopardy prosecutions.263 A criminal defendant may request a bill of particulars when the indictment fails to notify the defendant of the elements and the essential facts of the specific charges.