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Finding the Right Legal Representation for Your Company
Full Disclosure: Discovery And Criminal Procedures
Tracy Roberts
Those arrested are entitled to a full complement of rights and many are connected to criminal trial procedure. One of the most important aspects of a criminal trial might not be the trial itself but the preparation for it. If it's to be discussed during the trial, then discovery procedures apply to it. Read on to find out how your case can hinge on what is made available during the trial preparation event known as discovery.
What is the Purpose of Discovery?
While this part of the trial process remains hidden to most observers, it's difficult to imagine how a trial might progress without it. Discovery provides both the defense and the prosecution with information about the case that might otherwise only be revealed during the trial. If you were not intimately involved in discovery, as spectators and jury members might not be, you might hear about evidence for the first time during the testimony. This allows no time for a case to be mounted to refute that evidence. A case is formed using the evidence and discovery gives each side the opportunity to know about it and be prepared to prove it wrong during the trial.
What Types of Discovery Materials Should You Expect?
You may not be entirely privy to all discovery materials but it's your defense attorney's job to keep you informed about the case. For example, if you know that the prosecution is in possession of a video that shows you at the location of a crime, your attorney will need to know why you were there. All discovery information can play a part in plea bargain offers as well. Knowing about the evidence the state has against you helps you to make better decisions about taking an offer or taking the case to trial. Here is a sampling of materials that might make up a common criminal discovery action:
- The police or arrest report. This is the initial report completed by the responding officer at the scene and contains information about the alleged crime, information about the victims, and a summary of what they observed.
- Witnesses and witness statements along with background information of the witnesses, including criminal records.
- Photographs, voice recordings, and video recordings of interviews, the crime scene, and more.
- Your statements to law enforcement at the scene and in later interviews.
- Technical and scientific testing results such as DNA or other analysis.
And more.
Discovery is made up of several distinct actions – interrogatories, the deposition, admissions, document productions, and more. To find out more about what type of evidence was discovered during your pretrial period, speak to your criminal law attorney.
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