One of the first things you hear from clients who have been in the legal system before, or after they’ve talked to someone in their cell block is, “I want my Motion of Discovery.” If you have never been in trouble before, you may have no idea what discovery is.
Discovery is the process by which you get information about your case. It happens in civil and criminal cases. We will focus on the criminal case since that is what we practice and that is probably why you are on our website. Unfortunately, your first experience with your case was being arrested and then requesting release. After you are arrested and had a bail hearing, there is a time period in which you will be “formally charged.” The formal charging time can vary greatly due to your location or the type of case. Once you are formally charged, that is when the discovery process generally starts.
You have a right to be prepared in your case. You need to be able to review the evidence in your case with a competent lawyer so that you can make decisions on what to do. Is going to trial best for you? Is working out a plea best? Do certain motions need to be filed? You can’t answer these questions if you don’t know what you are up against. The United States Constitution, along with other laws, gives an accused rights to various types of information. This type of information includes, but is not limited to, witness lists, police reports, statements, documentary evidence, and forensic reports.
The method for discovery is typically through a “Motion for Discovery.” We file motions for discovery in all of our cases. Whether it is a murder case or a driving on suspended ticket. All cases are important to our clients. One of the reasons we file detailed Motions for Discovery in our Maryland federal and state cases is that if the discovery is not provided timely we can in some cases get that evidence tossed out of court. Attorneys must remain diligent so that rights to discovery are not waived.
If you would like a free consultation for your criminal case, call us at 301.513.7832 or email email@example.com.