As a criminal defense attorney, it is imperative that thorough preparation is conducted to ensure a fair trial and to protect the rights of the accused. One essential aspect of this preparation is the process of requesting additional discovery. As we learned about the review process in episode 4, your defense attorney now takes those discoveries to the DA to try to get more information pertaining to your case.
Attorney Dan Chambers of Chambers Law has put together an informative web series, Anatomy of a Criminal Case, where he shares the ins and outs of the legal defense process.
Click here to watch Episode Five where he addresses what comes next after the review process—Requesting Additional Evidence in this easy-to-understand webisode.
To schedule your free consultation and begin forming a strong defense strategy, call 714-760-4088 to speak with a member of our “Super Lawyer of the Year” team.
Continue reading to explore the “Informal Request for Discovery” and delve into the process, with a particular emphasis on California Penal Code 1054.
What is an Informal Request for Discovery?
An informal request for discovery is a mechanism employed by defense attorneys to obtain additional information or evidence from the prosecution in a criminal case. It allows the defense to access crucial materials that might impact their case strategy, shed light on the prosecution’s evidence, or help identify potential weaknesses.
Process of Requesting Additional Discovery
To help you understand the steps involved in requesting additional discovery, Chambers Law has broken it down for you:
- Review the case: Before requesting additional discovery, thoroughly review the existing discovery materials provided by the prosecution, including police reports, witness statements, forensic evidence, and any other relevant documents.
- Identify gaps or inconsistencies: Carefully analyze the available evidence and identify any gaps, inconsistencies, or areas that require further exploration. This will help you determine what specific information or evidence to request.
- Draft the request: Prepare a formal written request for additional discovery, highlighting the specific items or information you seek. Be as precise and detailed as possible to ensure a clear understanding of your needs. Include references to the applicable laws or rules, such as California Penal Code 1054.
- Serve the request: Serve the request on the opposing party, typically the prosecutor or their representative. Follow the prescribed methods of service, which may vary depending on local rules and procedures.
- Negotiation and response: The prosecution may respond to your request by providing the requested materials in full or in part. Alternatively, they may object to your request, citing legal grounds for withholding certain materials. Negotiations between the defense and prosecution may occur at this stage to resolve any disputes or reach an agreement on the scope of discovery.
- Motion to compel: If the prosecution refuses to provide the requested discovery or objects without valid legal grounds, the defense may file a motion to compel. This motion asks the court to order the prosecution to produce the requested materials. Compliance with the procedural requirements for filing a motion is crucial to maximize the chances of success.
A Quick Breakdown of California Penal Code 1054
California Penal Code 1054 is a statute that outlines the rules and procedures governing discovery in criminal cases. Here is a breakdown of its key provisions:
- Subsection (a): Establishes the general rule that both the prosecution and the defense are entitled to discover and inspect any relevant and material evidence in possession of the other party.
- Subsection (b): Details the obligations of both parties to disclose certain categories of evidence, including statements made by the defendant, witnesses’ statements, and any relevant reports or documents.
- Subsection (f): Discusses the consequences of noncompliance with discovery obligations, including the court’s power to issue sanctions and the potential impact on the admissibility of evidence.
- Subsection (g): Provides an exception that allows the prosecution to withhold information under limited circumstances, such as when it is privileged or involves the safety of an informant.
Chambers Law – Fighting for Your Case
Requesting additional discovery is a critical step in building a strong defense strategy. By following the outlined process and understanding the relevant laws, defense attorneys like Chambers Law can effectively navigate the complexities of discovery, ensuring a fair trial and protecting the rights of their clients. Contact Chambers Law by calling 714-760-4088 or by visiting our Contact Page, the clock is ticking, get LA’s best defense attorney on your team.
For your benefit, watch Episode 5: Requesting Additional Evidence to best prepare for your case.
