how long does a da have to provide attorney with evidence

There really is no set time. In general, the prosecutor will give discovery at one or more pretrial hearings or conferences. It is not all uncommon for the process to take more than a month.

Full Answer

What evidence does a defense attorney have to disclose to prosecutors?

Jul 07, 2009 · You have a right to have your case brought to trial within 6 months of your not guilty plea. There are numerous ways that this time period can be extended and continuances based on prosecutors failing to disclose important information is but one of these ways.

What is a criminal defense attorney’s role in the discovery process?

master:2021-10-25_10-02-22. Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

What is the discovery period in a criminal case?

Nov 16, 2017 · When a person is charged with a crime, the prosecution is bound by law to provide all the evidence supporting the charge or charges, including evidence that might exonerate the defendant. Evidence that is favorable to the defendant is called “exculpatory evidence” and back in 1963, the United States Supreme Court held that the prosecution ...

Can prosecutors examine evidence in the hands of defendants?

Keep in mind that these requests do not seek, nor do they have the ability to seek, attorney-client or other privileged information, such as materials provided or received in the context of a quality assurance or peer review proceeding . Accordingly, if materials from your liability insurance carrier, attorneys, peer review proceedings, and/or ...

Can Prosecutors Spring Evidence on Defendants Like They Do on TV?

No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...

Are Discovery Rules Really Intended to Help Defendants at Trial?

Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...

Does Discovery Mean That The Prosecution Has to Reveal Its Case Strategy?

No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...

Is There A Particular Period of Time Prior to Trial When The Defense Issupposed to Engage in Discovery?

Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....

What must a defendant disclose to prosecutors?

Defendants must disclose to prosecutors: the names and addresses of all people other than themselves whom they plan to call as witnesses. any relevant statements by any of these witnesses. any experts' reports, and. any "real" evidence (tangible objects) that the defense intends to offer into evidence.

What is the law regarding discovery?

Most of the law regarding discovery in criminal cases focuses on what the prosecution must disclose to the defense. After all, the prosecution is the side with all the information and resources. But, at least in some sense, discovery is a two-way street: Defendants have to turn over certain information to the prosecution.

What are some examples of information defendants routinely must disclose?

Here are partial examples of the kinds of information defendants routinely must disclose: Federal courts. Upon demand by the prosecutor, the defense must give written notice of intent to offer any alibi defense and reveal the names, addresses, and telephone numbers of the alibi witnesses.

What is the Fifth Amendment?

Defendants have argued that forcing them to turn over evidence to the prosecution in advance of trial violates their Fifth Amendment right to silence and the privilege against self-incrimination. But courts have upheld so-called reciprocal discovery laws. (It's worth noting that in many cases, specifically those that settle well before trial, the defense doesn't end up turning anything over to the prosecution.)

Does the prosecution have to disclose more information than the defense?

The prosecution usually has to disclose more information than does the defense, but that doesn’t mean defendants can sit on their hands.

Do courts have reciprocal discovery laws?

But courts have upheld so-called reciprocal discovery laws. (It's worth noting that in many cases, specifically those that settle well before trial, the defense doesn't end up turning anything over to the prosecution.)

Can defense attorneys hide the ball?

Changing Times. It used to be that defense attorneys could hide the ball, then spring evidence and witnesses on the prosecution at trial. The theory was that the government had all the power and the defense should be able to employ the scant advantages it had. But that changed in relatively recent years.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Can Vy's lawyer see the videotape?

Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What is Brady Material?

Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

When should a prosecutor consider potential discovery obligations?

Prosecutors should begin considering potential discovery obligations early in an investigation that has national security implications and should also carefully evaluate their discovery obligations prior to filing charges.

What are the discovery obligations of a prosecutor?

Discovery obligations are continuing, and prosecutors should always be alert to developments occurring up to and through trial of the case that may impact their discovery obligations and require disclosure of information that was previously not disclosed.

What are the rules of professional conduct?

Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities.

What is the purpose of the discovery guidance?

The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department's pursuit of justice . The guidance is subject to legal precedent, court orders, and local rules.

Why is the concept of the "file" imprecise?

Furthermore, because the concept of the "file" is imprecise, such a representation exposes the prosecutor to broader disclosure requirements than intended or to sanction for failure to disclose documents, e.g. agent notes or internal memos, that the court may deem to have been part of the "file.".

How important is it to keep records of discovery?

One of the most important steps in the discovery process is keeping good records regarding disclosures. Prosecutors should make a record of when and how information is disclosed or otherwise made available. While discovery matters are often the subject of ligation in criminal cases, keeping a record of the disclosures confines the litigation to substantive matters and avoids time-consuming disputes about what was disclosed. These records can also be critical when responding to petitions for post-conviction relief, which are often filed long after the trial of the case. Keeping accurate records of the evidence disclosed is no less important than the other steps discussed above, and poor records can negate all of the work that went into taking the first three steps.

Why is compliance with discovery obligations important?

First and foremost, however, such compliance will facilitate a fair and just result in every case , which is the Department's singular goal in pursuing a criminal prosecution.

What type of evidence is a defendant entitled to?

Common types of evidence that defendants are entitled to include: Witness and law enforcement testimony, including the names and addresses of witnesses who will testify at trial, and witness statements. Records, such as police personnel records, medical records for any injuries, and witness criminal records.

What is DNA evidence?

DNA evidence. Expert witness testimony. Records, such as police personnel records, medical records for any injuries, and witness criminal records. Physical evidence, such as guns, drugs, or vehicles, which must be made available for inspection. While the prosecutor is required to provide a defendant with discovery, ...

What is discovery in criminal defense?

Discovery can provide the criminal defense attorney with vital information that he can use to build a defense to the charges his client faces. This may involve attacking the credibility of key witnesses, challenging the admission of certain evidence, and much more. Common types of evidence that defendants are entitled to include: 1 Crime scene evidence, such as photographs and forensic evidence 2 Witness and law enforcement testimony, including the names and addresses of witnesses who will testify at trial, and witness statements 3 Police and booking reports 4 Recordings of police interviews with victims, witnesses, and the defendant 5 Toxicology results of the defendant 6 DNA evidence 7 Expert witness testimony 8 Records, such as police personnel records, medical records for any injuries, and witness criminal records 9 Physical evidence, such as guns, drugs, or vehicles, which must be made available for inspection

How to establish a material impact on a case?

To establish a material impact on the case, a defendant would need to show that the evidence could have led to him being found not guilty. In other cases, the defendant may be entitled to a new trial or an adjournment of the trial if the violation is discovered before the scheduled trial date.

What is exculpatory evidence?

Exculpatory evidence is evidence that is material to the accused person’s guilt or punishment and that is favorable to him. It can include information that affects the credibility of a witness, such as if he was offered a plea bargain based on his testimony. Like other states, North Carolina has its own state procedures for discovery in criminal ...

What is the process by which someone charged with a crime can obtain information from the prosecutor before they go to trial

Discovery is the process by which someone charged with a crime can obtain information from the prosecutor before they go to trial. Under the U.S. Constitution, a defendant has a constitutional right to be provided with certain evidence by the prosecutor.

What is the discovery period?

This is often called the discovery period of the case, and information must be provided as it becomes known, even during the trial. Discovery can provide the criminal defense attorney with vital information that he can use to build a defense to the charges his client faces.

Types of Discovery

• Defendants have argued that forcing them to turn over evidence to the prosecution in advance of trial violates their Fifth Amendment right to silence and the privilege against self-incrimination. But courts have upheld so-called reciprocal discovery laws. (It's worth noting that in many cases, specifically those that settle well before trial, the defense doesn't end up turning anything over t…

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The Right to Discovery: Brady Material

Federal and State Discovery Statutes

Questions For Your Attorney

• A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery that a defense attorney receives. Other forms of discover…

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