Discovery Process

The discovery phase of each and every criminal case is critically important. Discovery is any evidence or information in the form of videos, photos, documents, statements, and anything else that is used by either side to figure out what happened in a specific case. This is critical to obtain for each side because the prosecutor and the defense attorney were not present at the time the alleged crime took place, so they must negotiate a case that they have no personal knowledge of.

Discovery is information that gives each side of the case information about what happened to be able to negotiate, agree to plea deals, or go to trial. Without discovery, criminal cases would solely rely on victim, police officer, and defendant statements.

What is Discovery?

The discovery process starts almost immediately after an arrest because all the information necessary to handle a criminal case is important and needs to be obtained before it is lost. Sometimes critical evidence like video surveillance is overridden or destroyed merely days after it is recorded. So if it is not requested in a timely manner, it could be lost forever.

In any case, discoverable evidence is anything that is in the possession of and can be used by the prosecutor in a criminal case. In a DUI case, this could be a 911 call, body camera or dash camera footage from the police officers, surveillance at the police station, breathalyzer results, results from a blood or urine sample, the police report, witness statements, and more. During the discovery process, the defense attorney requests all of this information from the prosecutor, who works with the arresting police department to produce all of the relevant evidence.

Although prosecutors and defense attorneys work on opposing sides of a case, prosecutors must produce evidence for the defense, even if it does not work in their favor. Under a Supreme Court decision called Brady v. Maryland, the prosecutor must hand over to the defense any evidence that is favorable to the defendant, or evidence that is material to the guilt or innocence of the defendant. The withholding of Brady evidence by the prosecution is a violation of the defendant’s rights under Brady.

Hiring a Lawyer

A DUI defense attorney will know that the discovery phase does not only include requests for evidence from the state but will also puruse their own discovery or investigation for more evidence. Evidence that may not be in the possession of the state that can be used to defend against the allegations must be investigated. This evidence could include video footage from private businesses, restaurant parking lots, private homes, or personal dash camera footage. This evidence could be requested, or if necessary, subpoenaed, which means that the court orders the private individual or business or whoever is in possession of the evidence to turn it over.

The discovery process must happen before the case can be resolved by either a dismissal, plea deal, or trial. The negotiating attorneys must have the evidence necessary to formulate defenses, arguments, deals, and decisions in the case. If you have been charged with a DUI in Connecticut, having a DUI defense attorney is necessary for both the discovery phase and resolving the case in the best way possible for the client. Call Lady DUI today to speak with an attorney about your Connecticut DUI.