Your criminal case will involve many important steps. One of the most crucial is discovery. An Indianapolis criminal attorney from The Criminal Defense Team can assist you throughout the discovery process and give you more information about what to expect from it.

What Is Discovery?

To prepare for a criminal trial, the prosecutor must take many steps, including:

Reviewing police reports
Discussing the case with investigating police officers
Interviewing witnesses
Reviewing the evidence
Anticipating defense strategies and challenges to their case
Developing a legal strategy

The defense must also prepare for trial, but they will need information from the prosecutor to do so. The prosecution can also ask for information from the defense attorney that they plan to present at trial.

The discovery process is when attorneys exchange certain information to prepare for trial.

Purpose of Discovery

Discovery helps attorneys prepare for trial and avoid surprises. Your attorney can receive information about the evidence and witnesses the prosecution plans on presenting at your trial. The prosecutor can also learn of certain defenses your attorney plans on presenting in your case.

Witnesses may include the following:

Lay witnesses: Lay witnesses may include witnesses who saw the crime being committed or has other information relevant to the case.
Expert witnesses: Expert witnesses have specialized knowledge or training who testify about complex issues to help the judge and jury understand them.
Character witnesses: Character witnesses are people who knew the defendant, victim, or other people involved in the case. They testify about the relevant party’s character and their experiences with them.

Discovery Rules

Attorneys must follow the rules of criminal procedure and court-specific rules. These rules include when, how, and what must be included in discovery.

Prosecutors must provide the defendant with copies or the opportunity to make copies of materials and evidence that the prosecution is planning on presenting at trial. There is usually a deadline set by the court for the prosecutor to turn over this information, but they have a continued duty to supply discovery information to the time of trial. For example, if they discover new evidence, they must present that evidence to the defense.

Prosecutors are also required to provide the defense with evidence that suggests the defendant’s evidence or weakens the prosecution’s case, which is known as exculpatory evidence. If prosecutors do not follow the relevant rules, they could be subject to fines or sanctions. The evidence might also be excluded from trial.

Contact Our Board-Certified Criminal Trial Specialists for Legal Advice and Representation

If you are facing criminal charges, you need an experienced criminal defense attorney who can capably handle every aspect of your claim. The board-certified criminal specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC are highly knowledgeable about all aspects of criminal law and the importance and rules dictating discovery. We can learn more about the case against you and identify legal arguments to make based upon discovery. Call us at (317) 678-9853 to arrange a confidential consultation.

What Is Discovery in a Criminal Case?