If you’ve ever seen a show like Perry Mason, you may have heard the main character keep mentioning the word “discovery.” This is not something that was made up by the show writers to sound fancy; it is a term frequently used during actual criminal cases. Discovery is the process of gathering relevant evidence for the case. This process begins as soon as the defendant has been arrested and can even last until right before the trial begins. The discovery process encompasses a wide variety of different tasks, which can include taking witness depositions, interviewing potential expert witnesses, and collecting physical evidence.
Definition of Legal Discovery
While this process may sound simple, the truth is that discovery involves many different rules within both state and federal law that must be followed. Information on this can be found in Rule 3.220 of the Florida Rules of Criminal Procedure.
First, the defendant must file a document called Notice of Discovery in order to participate in the process. Once that has been filed, the prosecution is legally obligated to provide the defendant with a Discovery Exhibit within 15 days. This Exhibit consists of a vast amount of information, such as:
- The names and addresses of all witnesses and investigating officers
- Any written or recorded statements made by the witnesses, officers, or even the defendant themselves
- Any physical evidence obtained from the defendant
- Testimony provided from an informant
- Evidence stemming from electronic surveillance or a police search
In addition to the requirements listed above, the prosecution is also required to disclose any evidence that is favorable to the defendant’s case. This is known as the Brady Rule, which finds its origins in the case Brady v. Maryland. In this case, the prosecution withheld critical evidence that would have absolved Brady, choosing not to disclose it until well after Brady had been tried and convicted. The United States Supreme Court ruled that this was a violation of Brady’s rights to due process. Since then, all state prosecutors are required to disclose evidence that can help the defendant’s case. You can learn more with Hendry & Parker.
While the defendant has fewer legal obligations than the prosecution, Rule 3.220 still requires the defendant to do certain things as part of discovery. For instance, the defendant is required to disclose to the prosecution a written list of expert witnesses they plan to call. The defendant must also provide the prosecution with a Discovery Exhibit as well; however, they are not required to include as much information as the prosecution’s Exhibit. The defendant is only required to submit witness statements and other physical evidence that will be used at trial.
If you have been arrested and charged with a crime, you will need experienced assistance in order to properly navigate the complex discovery process and ensure the correct procedures are followed. Call the seasoned defense attorneys at Hendry & Parker, P.A., in downtown Dunedin at (727) 205-5555 today for a free consultation.