Discovery is the process where you can learn about the state’s case against you.
If you have been arrested for a crime, you may be curious about what exactly the police have against you — and when you’ll find out what the state knows. That question will be answered during what is known as discovery. This is the process during which the prosecution is required to turn over certain evidence to the prosecution. In turn, the prosecution can also request certain evidence that the defendant possesses. This process is meant to protect a defendant’s right to a fair trial — and to ensure that there are no surprises at trial.
As a criminal defense attorney in San Bernardino, CA will tell you, the classic television stereotype of a prosecutor producing surprise evidence at a trial generally does not happen in real courtrooms. In fact, if prosecutors fail to turn over evidence, they may find that the evidence is excluded from trial — or that they are even sanctioned (punished) in some way for failing to turn it over to the defendant.
So what exactly does a prosecutor have to turn over during discovery? A prosecutor typically has to turn over material (relevant) evidence and information such as police reports, names of witnesses, drug and alcohol test results, and photographs and videos of crime scenes. In addition, the prosecutor must turn over all favorable evidence, which includes exculpatory and impeachment evidence. Exculpatory evidence is any evidence that tends to prove that a defendant is not guilty. For example, if the police claim that you robbed at store at 9:00 p.m., and have a video of you at a different store at 9:00 p.m., then that video would be considered exculpatory evidence. Impeachment evidence is any evidence that could be used to discredit a witness for the prosecution. For example, if the store clerk who claims to have witnessed this robbery has a history of embezzling from his employers, then this criminal history would be impeachment evidence — and you would be entitled to this information. If a prosecutor fails to turn over any exculpatory or impeachment evidence and you are convicted, it may be grounds for an appeal and for having the conviction overturned.
Importantly, a prosecutor does not have to turn over his or her theories or strategies. That is known as attorney work product, and it is protected from disclosure — just as your own criminal defense attorney’s in San Bernardino, CA work product is protected. Similarly, your conversations with your criminal defense attorney in San Bernardino, CA are protected by attorney-client privilege and cannot be discovered by the prosecutor.
If you have been charged with a crime in San Bernardino or the surrounding areas, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations, where we will explain your legal rights and options. We will stand by your side throughout the process, and will aggressively defend your rights. Contact us today to learn more about how we can help you!
