Understanding Trial Discovery - United Defense Group

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UNDERSTANDING THE CRIMINAL PROCESS

Discovery

After the arraignment, both the prosecution and defense enter into a "discovery" process. The primary purpose of this process is to permit both sides of the case to take the time necessary to learn all the facts and prepare the arguments based on these facts.

Discovery must be reciprocal in order to be constitutional, which means that the prosecution must provide the defense with evidence they intend to use. The prosecution cannot hide evidence and then surprise the defense at trial. This applies to the defense as well. We must provide the prosecution with evidence which we plan to present at trial.

Typical discovery activities include:

Police reports
Medical records
Probation reports
Photographs
Diagrams
Recordings of witness statements
Viewing of physical evidence
Expert analysis (such as DNA reports or criminology)
Private investigative services

NEXT TOPIC : PRELIMINARY HEARING

THE CRIMINAL PROCESS
THE BASICS The Crimes The Attorney The Arrest Booking Process Police Reports Charging Decision Bail	THE CASE The Arraignment Discovery Preliminary Hearing Plea Bargaining Pre-Trial Motions The Trial Sentencing Consequences Appeals Expungements	THE COURTS Superior Court Federal Court Juvenile Court

IMPORTANT!

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PRE-FILE ALERT:
Don't Wait Until You Are Arrested!
If you even suspect that you may be charged with a crime, speak to an attorney now!

Very often before formal charges are filed, there is an investigation. Law enforcement tries to gather as much evidence as possible to build their case against you. This is the pre-file stage of a case.

This pre-file period can be the most crucial stage of a criminal case. Since you haven't been arrested, you don't have any Miranda Rights. This is when most people fall into law enforcement traps designed to destroy their legal case.

Learn more

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APPEALS ALERT!
Blakely v. Washington May
Give You a Second Chance
If you or someone you know was sentenced after 1998 (if the conviction was appealed) or 2000 (if there was no appeal), the new United States Supreme Court decision in Blakely vs. Washington may provide a second change to review your sentence!

WHAT TO DO IF ...

If Arrested
If Accused or Under Investigation

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