what does it mean when a district attorney is trying to discover in a court case

Discovery: Process by which the DA provides to a Defense Attorney information gathered during the investigation of a felony; the ascertainment of that which was previously unknown. Dismissal: a decision by the prosecutor or other judicial officer to end a case for legal or other reasons.

Full Answer

When does an attorney request discovery in a criminal case?

 · Posted on August 12, 2021. In a criminal law case, the term “ discovery ” refers to the process of discovering and obtaining the evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. If prosecutors find exculpatory evidence that is material to the case, they have a Constitutional ...

Why does the district attorney reject my case?

When does the prosecuting attorney have to disclose information to the defendant?

What is the purpose of a discovery in a personal injury case?

 · In a case like the one you asked about the DA is giving notice to the court and the defendant that additional charges or counts will be filed against the defendant. When a person is arrested for a crime he has a number of days before his preliminary hearing has to be held.

What is the discovery phase of a case?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and ...

What is a discovery process?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

How long does a discovery take?

Once a lawsuit is commenced, the first significant step is an examination for discovery. The discovery is typically followed by a mediation (or settlement meeting). Typically, it should not take more than 8 months, or so, to book discovery dates.

What is prosecution discovery?

Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial. This process is called discovery, and continues from the time the case begins to the time of trial.

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

What is the purpose of discovery in law of evidence?

The object of discovery is to ensure that before trial both parties are made aware of all the documentary evidence that is available. By this means the issues are narrowed and the debate of points which are indisputable is eliminated.

Why do parties often settle after questioning for discovery?

However, lawsuits are frequently settled after discoveries have been completed because by then, each party has had an opportunity to review the strengths and weaknesses of the case and that of the other party or parties. Those strengths and weaknesses are largely revealed by the discoveries.

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

Why is discovery expensive?

Now, most of the documents produced in a lawsuit are emails and other documents found in electronic form. And this has made discovery more expensive. On the other hand, you could make a case that e-discovery hasn't fundamentally changed discovery. It was already expensive.

What must be provided to the defense during discovery?

In a criminal prosecution, discovery can include a wide range of items that are often crucial for your defense, such as: all the hard evidence in the case, such as physical evidence; exculpatory evidence that could be favorable to your defense; witness statements and depositions from police.

What discovery is in a criminal matter?

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, “I'm going to request discovery,” that means they're going to get the evidence that the state claims they have.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.

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 is an example of evidence that the defense has to share with the district attorney?

An example of evidence that the defense has to share with the district attorney is alibi evidence. An alibi defense is a claim that the defendant could not have committed the crime because he or she was with someone else at the time. If the defendant is going to raise an alibi defense, they have to notify the district attorney and provide information about the alibi witness. 5 This allows the prosecutor to investigate the defense during discovery.

What is the purpose of discovery in a criminal case?

In a criminal law case, the term “ discovery ” refers to the process of discovering and obtaining the evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. If prosecutors find exculpatory evidence that is material to the case, they have a Constitutional duty to disclose it to the defense. Sharing evidence found in discovery prevents surprises during trial and increases the odds of a plea bargain.

Who has the burden of proving a Brady violation?

However, it is the defense who has the burden of proving that a Brady Violation has occurred. This can be difficult to do, as the opposing party often has possession of the relevant evidence. It may require the use of a subpoena to get the evidence.

What is the Brady Rule?

This is known as the Brady Rule after the Supreme Court case that created it. 2 The act of sharing this exculpatory evidence with the defense is known as a Brady Disclosure.

Why is disclosing evidence important?

However, disclosing evidence also increases the likelihood that the case will end in a plea bargain. This is because the defense counsel can see how strong of a case the prosecutor has. By knowing the strength of the case against the defendant, it can help the defense make an informed decision about a plea deal, rather than take the case to trial.

What are the advantages of a district attorney?

District attorneys have numerous advantages over criminal defense lawyers. They can use governmental agencies to conduct forensic analysis of physical evidence. They have lots of support staff to comb through reams of documentary evidence. They have other attorneys in the office that they can brainstorm with and who have special areas of experience . They also have easy access to law enforcement, allowing them to speak with the police officers who were involved in the case on a moment’s notice.

Why do we need discovery rules?

Modern discovery rules also facilitate plea bargaining . When the prosecutor knows what evidence the defense has, they may know that it will be wise to dismiss the case. If the criminal defendant can see that the prosecutor’s case is strong, he or she may be more inclined to take a plea agreement. This reduces the strain on the court system by resolving cases quickly and without the need for a trial.

What can a district attorney learn from technology?

This can include learning communication technologies, video conferencing, voice messaging systems and email. It might also be necessary to learn how to use document management software, computerized litigation support and electronic discovery.

Where do district attorneys work?

While much of a district attorney's job can take place in a legal office, they can also work in other locations like libraries and courtrooms. Because district attorneys typically work for counties and state governments, they often collaborate with other professionals, like specialists and paralegals, to gather evidence to use in criminal prosecutions. While district attorneys usually have full-time work hours, most also spend time working overtime and on the weekends, especially while working on complex cases.

How much do district attorneys make?

The national average salary for attorneys in the United States, including district attorneys, is currently $94,578 per year, which is a very competitive salary. However, the compensation that a district attorney receives can vary depending on their education level, experience and skills obtained throughout their career. Attorneys also typically receive employment benefits in addition to their salaries, like health insurance and professional development assistance.

Why do district attorneys need time management?

Time management skills can help a district attorney organize competing priorities and develop a strong work ethic. Time and calendar management skills can also help a prosecutor meet deadlines.

What skills do district attorneys need to be successful?

District attorneys should also possess problem-solving skills to evaluate and structure arguments and court proceedings.

What is a Juris Doctor?

A Juris Doctor program covers subjects like best practices during criminal justice and prosecution, criminal procedure and trial experience. This degree can equip a law student with the skills and knowledge needed to prosecute criminals, run court proceedings and gather and analyze evidence.

How long does it take to become a district attorney?

A Juris Doctor degree may also be necessary for the success of a prosecutor. It can take between two and three years to complete a Juris Doctor degree, but law students attending part-time classes can take up to five years to complete their studies.

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 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.

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.

Why is advance disclosure important?

Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. 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.

Can prosecutors hand over witness statements?

In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn't force prosecutors to hand over witness statements or even reveal the names of their witnesses. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Can a prosecutor disclose all discovery?

Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of blood evidence until shortly before trial.

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 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.)

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

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.

Can a court find a Brady violation?

Courts have tended to be quicker to find Brady violations where the defense has specifically requested an item and the prosecution has misled the defense about its existence. Courts will find Brady violations in other circumstances too, as when the defense has made a very general request for exculpatory material or hasn’t made any request. But they might be slower to hold that the omission was material in these kinds of situations.

What is exculpatory evidence?

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

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 it mean when a prosecutor adds charges?

It means he is adding additional criminal charges , and requesting a Preliminary Hearing on them. Not unusual. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

What does the DA think of additional charges?

Sometimes the DA thinks that with further investigation additional charges will show up. In a case like the one you asked about the DA is giving notice to the court and the defendant that additional charges or counts will be filed against the defendant. When a person is arrested for a crime he has a number of days before his preliminary hearing has to be held. To make this go past that time the defendant has to make a time waver. It seems from the facts given that the DA will not have all the charges ready by the time of the prelim.

What does preliminary hearing mean in a felony?

It means they've found new things they want to charge you with. On all felonies there is a preliminary hearing unless the DA goes to the Grand Jury for an indictment.

Can a charge be amended without the court's permission?

An amended complaint will change the charge in some way, but they must have the court's permission. Setting the case for a preliminary (probable cause) hearing is normal whether or not the charges are amended. It is often unwise to oppose an amended complaint because if the court does not allow it, the prosecutor will just dismiss the charge and refile the new one *without the court's permission*. That may cause a new warrant to be issued and the defendant to have to post a new bond.

When do prosecutors have to decide if a person is in jail?

And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.

Why do prosecutors reject cases?

In essence, prosecutors reject cases when they determine that the evidence that they have is not strong enough to secure a conviction.

When do police arrest people?

Police arrest someone when they believe that he has committed a crime. But only the District Attorney’s Office can file charges against someone. Prosecutors have a duty to only file charges when they believe that the evidence is strong enough to secure a unanimous guilty verdict from a jury (that is, 12 random people from the community).

Why is pre-filing not a crime?

This is because each decision – the decision to arrest and the decision to file charges – is made by a different authority. Police arrest someone when they believe that he has committed a crime.

Is a case closed if it is rejected?

But having your case rejected and being released from jail doesn’t mean that your case is closed. This is because, depending on the crime, prosecutors may have one or several years to ultimately decide whether to file charges. This extended time frame is known as the statute of limitations, and it varies from crime to crime. [ii] So, even if a person is released after he is arrested, his case is never truly closed until the statute of limitations on his alleged crime expires.

What happens if a suspect expresses a desire to speak with a criminal defense attorney?

If a suspect expresses a desire to speak with a criminal defense attorney, public defender, or private attorney, the prosecutor must cease all communication with the accused or criminal defendant. [ii]

What happens if a person is represented by a D.A.?

If a person is represented and is approached by a D.A., then that person must inform the prosecutor of the representation.

Can an attorney disclose client information to other parties?

This means that the attorney cannot disclose client information to other parties – even if they are subject to a subpoena or court order.

What does it mean when an accused speaks with the prosecutor?

This means the suspect hands over evidence that the prosecution did not have or possibly could not obtain.

What information do D.A.s need to press charges?

As to the first point, note that D.A.s normally just have the following information before they decide to press charges: the facts contained within a police report, information from a grand jury proceeding, or. statements from the alleged victim of a crime.

Can a prosecutor try to plead guilty to domestic violence?

For example, a prosecutor may try to have a suspect enter into a plea bargain regarding a domestic violence crime because of the alleged victim’s wishes. But the deal may be nowhere close to being in his/her best interest. Here, though, the prosecutor has no duty to explain the true consequences of the bargain

Is a prosecutor under no obligation to provide a suspect with legal advice regarding the consequences of his/her

As to the last two points, note that a prosecutor is under no obligation to provide a suspect with legal advice regarding the consequences of his/her actions. This means that, if an accused speaks with a D.A., he or she could say something or agree to something without knowing the true ramifications of that statement/agreement.

What does it mean when a case is moved from district court to superior court?

The fact that your case moved from district court to superior court means that the grand jury returned a true bill of indictment (in other words, you have been indicted). The following is an explanation of the process:#N#An indictment is a document, prepared by the prosecutor, that alleges you...

Is a 90-96 case in Superior Court?

This is a normal occurrence is not necessarily indicative of a problem. All the options for dealing with your case, including a 90-96, are still available .

What Is A District Attorney?

See more on indeed.com

Requirements For A District Attorney

Work Environment For District Attorneys

Salary and Job Outlook For District Attorneys

Types of Discovery

The Right to Discovery: Brady Material

• Courts have held that the U.S. 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.

See more on lawyers.com

Federal and State Discovery Statutes

Questions For Your Attorney