What is the Discovery Process?

Your Right to Know About All Evidence

Before a prosecutor moves forward with a case, they must become familiar with alleged facts, police reports, interview witnesses, study evidence, anticipate defense arguments, and develop their version of the facts. The prosecutor will then use all information obtained, that is in their favor, to develop their strategy and begin the actual prosecution of the case.

When the prosecution has gathered all of the evidence that they may use to convict the accused, the defense counsel has legal authority to know what may be used against the accused via discovery.

The discovery process is an important part of criminal justice system. The discovery process enables the accused to know about any and all evidence that may be used to prosecute the. A defense lawyer uses the benefits of this knowledge to prepare a defense strategy.

Prosecutors are legally required to provide, to the defense counsel, copies of materials and evidence that the prosecution may use at trial. The prosecutor has an ongoing obligation to provide the defense counsel with any newly obtained information which may be used.

If the prosecutor fails to do so, the prosecutor can be sanctioned by the court. Additionally, the prosecutor is required to provide the defense counsel with evidence that is detrimental to their argument. Such evidence is called exculpatory evidence. Failure to provide exculpatory evidence can be argued as cause for a mistrial.

How Discovery Works for You

When the defense attorney obtains the prosecutors inventory of evidence they approach the prosecutor's office to have the charges dropped, reduced, or negotiate a plea bargain. If the prosecutor is unwilling to consider the aforementioned, the case will move forward to a bench trial or jury trial.

If you have been arrested or formally charged with a crime you need to hire an expert defense lawyer. Call us at 77-956-1400 to arrange time to discuss your situation and get answers to your questions.