If you have committed a crime and you are going through the process of trial, you may have heard about a concept known as “discovery.” This is a process where the defendant finds out about the prosecution’s case through copies of officer’s reports and evidence examination. Discovery is something that happens on both sides: Defendants can discover information from prosecutors, just as prosecutors can examine evidence from defendants. If you are curious about how it works or have questions, read these helpful FAQs to find out more.
Questions Regarding the Complicated Discovery Process
Can prosecutors guard evidence from defendants? You may have seen this happen on your favorite TV show, but this is usually not the case. There is a modern day view that understanding information about the case can help promote a fairer trial. This helps defense attorneys better protect their clients.
Are discovery rules only meant to help defendants? No, they do not strictly work to protect. Yes, they promote fair trials, but they also promote case settlement, which leads to less time and resources spent on a case. If the prosecution has a strong case and the defendant is aware of this, they may plead guilty and the case will play out easily. In a way, discovery helps everyone involved in different ways.
Does the prosecution have to reveal case strategies? No, they must only disclose certain pieces of information like names of witnesses, police reports, and test results. The prosecution does not have to turn over their work like theories and strategies.
Can discovery unfold gradually or does it have to happen all at one time? It can happen gradually. You may receive copies of information at different times before the trial takes place.
Discovery is a very important part of trial and you may have questions about these very serious matters. This is why it is important to seek the help of an experienced defense attorney for the best results. Call us today for more.