How Criminal Discovery Protects Your Rights?

In a criminal case, the discovery process is the way that the defense obtains evidence and information from the prosecution. Rules of criminal procedure require that, following a formal written request from the defense, the prosecution must disclose certain information and materials to the defense. This typically includes:

• Any written or recorded statements made by the defendant to law enforcement.
• The defendant’s prior criminal history.
• Evidence such as police reports, witness statements, photographs, videos, and physical objects that the prosecution intends to use at trial or that are material to the preparation of the defense.
• Reports from forensic analysis, such as DNA testing, ballistics, and expert witness examinations.

The U.S. Supreme Court case of Brady v. Maryland established that the prosecution has a duty to disclose any evidence that is favorable to the accused, meaning it is exculpatory (tends to show the defendant is not guilty) or impeaching (could be used to challenge the credibility of a prosecution witness). This is a self-executing obligation, meaning the prosecutor must turn over this information even without a specific request from the defense.

A defense attorney may use state and federal open records laws to request documents from government agencies to obtain law enforcement policies and procedures, reports and emergency call recordings, and other records.

The key? A lawyer willing to put in the work. That’s us. We will put in the time and energy to request and review all information for your defense.