How Does Discovery Work in Sex Crime Cases?
Many defendants in California facing criminal charges have little to no experience with the court process and often feel overwhelmed and uncertain about what lies ahead.
Those charged with a felony sex crime should understand that their freedom is at risk and familiarize themselves with the common legal terms used throughout their case.
Having a basic understanding of the criminal court process can help a defendant manage some of the stress often linked to facing criminal charges. A key part of this process is called "discovery."
Exchange of Evidence
Simply put, discovery involves the exchange of evidence between the prosecutor and the defense attorney before court or trial. This exchange is essential for both investigating the case and preparing for trial.
It provides relevant information that helps both sides prepare their case strategies. It assists both the defense and prosecution in reaching a reasonable decision on case handling.
Importantly for the defendant, discovery is essential for a California sex crime defense lawyer to decide how to present their case in court.
California discovery laws aim to ensure a fair criminal justice process by requiring law enforcement and investigators to share all collected information with prosecutors promptly.
Types of Discovery in Criminal Cases
In a criminal case, discovery can include a variety of items vital for your defense, such as physical evidence and exculpatory evidence that may support your case. It also encompasses witness statements and police depositions.
A "deposition" is a method to determine what a witness will say at trial. It is recorded in writing by a court reporter while the prosecutor and your attorney are present.
Discovery encompasses any lab reports, including fingerprint or DNA analyses, as well as other reports related to the evidence examined.
It also covers any video or audio recordings obtained from law enforcement surveillance, such as phone taps or videos of alleged drug transactions. Additionally, it includes crime scene photographs.
Discovery also includes police reports from the initial call that started the investigation, as well as follow-up reports from detectives, such as witness interviews.
All discovery materials will be specific to the crime you are charged with. In most cases, you are entitled to be informed beforehand about all the evidence that will be used against you to support the charges.
Criminal Discovery Process
At your arraignment, the prosecutor must present a copy of the criminal complaint and share all discovery materials related to the case with your lawyer.
Your lawyer will review these documents and discuss their contents with you. Usually, the initial discovery packet contains only the police report and your criminal record. Your defense attorney may also request any additional discovery materials that could be relevant.
The criminal discovery court process is an essential step for your defense lawyer to gather evidence that could help challenge the charges.
After your arraignment, your lawyer will review the discovery packet from the prosecution to identify any missing items. Sometimes, your defense attorney might send an informal discovery request to the prosecutor, asking for specific pieces of evidence.
Common Items in a Discovery Packet
Common items in these requests include the initial 911 call to police, audio of witness interviews, supplemental police reports, and any other relevant information held by the prosecution or police.
It is important to note that the discovery exchange is not optional. Under the law, the prosecution must provide all relevant discovery materials to the defense lawyer.
Even if the prosecutor doesn't plan to use certain evidence against you, they are still obligated to disclose it to the defense. This includes any evidence that might exonerate you or support your case.
In large-scale sexual-related cases, the amount of discovery material can be so extensive that experts may be needed to review everything. As a result, the criminal discovery process can take several months or more, giving the defense enough time to examine all the evidence thoroughly.
Motion for Formal Discovery
If the prosecutor does not provide certain requested items, your criminal defense lawyer can submit a "formal discovery motion" to the court.
The assigned judge will then hear oral arguments from both the prosecutor and your defense lawyer regarding the missing discovery.
After arguments, the judge will decide whether the defense lawyer is entitled to the requested discovery. If the decision favors you, the judge will order the prosecutor to provide the specific discovery discussed at the hearing.
Should the prosecutor fail to comply, the judge may impose sanctions and could also restrict what evidence can be presented at your trial.
Excluded Items During the Discovery Process
Some evidence cannot be collected through the standard criminal discovery process. In these cases, your defense lawyer must issue a criminal subpoena.
For example, reviewing medical records may require a subpoena, as the prosecution may not have direct access to such evidence. Your lawyer will then request the healthcare provider to produce the needed documents.
If you face charges such as rape involving alleged injuries to the victim, it may be necessary to subpoena the hospital for records of any treatment the victim received.
If charged with a felony, the judge might determine that your defense is not entitled to all the discovery you request to move forward with the preliminary hearing. In certain situations, your defense can only access specific items if the judge decides to hold you over for the criminal charges you're facing.
Contact Our Defense Attorneys for Assistance
The discovery process contributes to transparency in the criminal justice system and aims to guarantee fair court proceedings by enabling each side to prepare its case.
Without it, your right to due process could be seriously compromised. Discovery empowers your defense to contest evidence actively and improves the likelihood that exculpatory evidence will be considered.
California's criminal discovery laws help ensure a fairer legal process and are essential for your case. If you've been charged with a sex crime, reach out to our experienced defense attorneys to evaluate your situation and discuss your options.
The Hedding Law Firm is a leading criminal defense practice. Contact us today for a consultation.
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